Henderson v. Rodriguez

Filing 107

ORDER Directing Clerk of the Court to Close Action Pursuant to Parties' Stipulation of Voluntary Dismissal signed by Magistrate Judge Dennis L. Beck on 10/11/2011. CASE CLOSED. (Flores, E)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 CURTIS LEE HENDERSON, SR., 8 CASE NO. 1:08-CV-00188-LJO-DLB PC Plaintiff, 9 v. 10 ORDER DIRECTING CLERK OF THE COURT TO CLOSE ACTION PURSUANT TO PARTIES’ STIPULATION OF VOLUNTARY DISMISSAL G. RODRIGUEZ, (DOC. 106) 11 Defendant. / 12 13 Plaintiff Curtis Lee Henderson, Sr. (“Plaintiff”) is a prisoner in the custody of the 14 California Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro 15 se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is 16 proceeding against Defendant G. Rodriguez. On October 7, 2011, the parties filed a stipulation 17 of voluntary dismissal with prejudice, signed by Plaintiff and Defendant’s counsel. Doc. 106. 18 Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the plaintiff may 19 dismiss an action without court order by filing a stipulation of dismissal signed by all parties who 20 have appeared. Such stipulation has been filed with the Court. 21 Accordingly, it is HEREBY ORDERED that the action be DISMISSED and the Clerk of 22 the Court is directed to close this action pursuant to the parties’ stipulation of voluntary dismissal 23 with prejudice. Each side shall bear their own costs. All pending dates are vacated and all 24 pending motions are denied as moot. 25 26 IT IS SO ORDERED. Dated: 3b142a October 11, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 27 28 1

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