Lamon v. Adams et al

Filing 337

ORDER DISREGARDING Plaintiff's 336 Motion to Withdraw Stipulation for Dismissal as MOOT signed by Magistrate Judge Jennifer L. Thurston on 5/23/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LAMON,
Plaintiff,

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v.

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ADAMS, et al.,

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Case No. 1:09-cv-00205-JLT PC
ORDER DISREGARDING PLAINTIFF’S
MOTION TO WITHDRAW STIPULATION
FOR DISMISSAL AS MOOT
(Doc. 336)

Defendants

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On March 17, 2016, the parties filed a fully executed stipulation for voluntary dismissal of

18 this action with prejudice. (Doc. 330.) The Court issued an order dismissing the action pursuant
19 to that stipulation the next day. (Doc. 331.) Approximately a week later, Plaintiff filed a notice of
20 withdrawal of his consent to the terms of the settlement in which he moved to stay entry of final
21 judgment in this action until the terms of the settlement are met which was denied for lack of
22 jurisdiction on April 7, 2016. (Docs. 332, 336.)
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On April 11, 2016, Plaintiff filed a second motion for withdrawal of the stipulation for

24 dismissal which raised the same arguments as his first motion. (Doc. 336.) The Court notes that
25 Plaintiff signed his second motion on April 2, 2016 and gave to prison staff for mailing on April 4,
26 2016. (Doc. 336.) Plaintiff had not received the ruling on his first motion seeking relief from the
27 settlement when he mailed the second. It is apparent that the order on Plaintiff’s first motion and
28 his second motion crossed in the mail.

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Based on the foregoing, the Court ORDERS:

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1. Plaintiff=s motion for withdrawal of stipulation for dismissal, filed on April 11, 2016
(Doc. 336), is DISREGARDED as moot.

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5 IT IS SO ORDERED.
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Dated:

May 23, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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