Underwood v. Knowles et al

Filing 190

ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 1/15/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VALENTINE E. UNDERWOOD,
Plaintiff,

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v.

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Case No. 1:08-cv-00986-BAM PC
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

M. KNOWLES, et al.,

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Defendants.

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Plaintiff Valentine E. Underwood (“Plaintiff”) is a state prisoner proceeding pro se and in

19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. All parties have consented
20 to magistrate judge jurisdiction. (ECF Nos. 4, 97).
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On November 14, 2016, defense counsel filed a stipulation for voluntary dismissal with

22 prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 189.) The
23 stipulation is signed by Plaintiff and defense counsel, indicating that the entire action has been
24 resolved, should be dismissed with prejudice, and each side shall bear their own costs. (ECF No.
25 189.)
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Accordingly, the Court HEREBY ORDERS that:

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1.

This action is dismissed with prejudice pursuant to Federal Rule of Civil

3 Procedure 41(a)(1)(A)(ii). Each party is to bear his own costs, fees, and expenses of any type,
4 including attorney’s fees. There is no prevailing party in this action;
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2.

The Court shall retain jurisdiction for the sole purpose of enforcement of the

6 terms of the settlement agreement between the parties; and
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3.

The Clerk of the Court is directed to terminate all pending motions and deadlines,

8 and close this case.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 15, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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