(PC) Manriquez v. Huchins et al

Filing 380

ORDER Closing Case in Light of Unopposed #378 Request to Dismiss signed by Magistrate Judge Barbara A. McAuliffe on 03/02/2015. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL MANRIQUEZ,

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Plaintiff,
v.
J. HUCHINS, et al.,
Defendants.

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1:09-cv-00456-BAM (PC)
ORDER CLOSING CASE IN LIGHT OF
UNOPPOSED REQUEST TO DISMISS
(ECF No. 378)

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Plaintiff Daniel Manriquez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 31, 2014, the parties

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participated in a settlement conference and reached a verbal settlement agreement. Dispositional

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documents were to be filed within six months. (ECF No. 352.)

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On February 2, 2015, Plaintiff filed a motion requesting voluntary dismissal of this

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action. Plaintiff explains that Defendants have complied with the agreement by forwarding a

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payment check to his mother. Plaintiff therefore requests that this Court dismiss the action with

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prejudice. (ECF No. 378.)

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On February 18, 2015, Defendants Hutchins, Reynoso, Hacker, Roberson, Munoz,

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Morse, Pas, Omos and Clausings submitted a status report. Defendants join in Plaintiff’s request

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to dismiss this matter. (ECF No. 379.)

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Where a defendant has served an answer or a motion for summary judgment but has not
signed a stipulation to dismiss, a plaintiff’s voluntary dismissal must be effected through Rule of
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Civil Procedure 41(a)(2). See Fed. R. Civ. P. 41(a); Wilson v. City of San Jose, 111 F.3d 688,

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692 (9th Cir. 1999). Rule 41(a)(2) provides in relevant part: “Except as provided in Rule

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41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on terms that

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the court considers proper. . . . Unless the order states otherwise, a dismissal under this paragraph

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(2) is without prejudice.” Fed. R. Civ. P. 41(a)(2); Hargis v. Foster, 312 F.3d 404, 412 (9th Cir.

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2003). “A district court should grant a motion for voluntary dismissal under Rule 41(a)(2) unless

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a defendant can show that it will suffer some plain legal prejudice as a result.” Smith v. Lenches,

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263 F.3d 972, 975 (9th Cir. 2001).

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In this instance, Defendants join in the request to dismiss this action. Given Defendants’

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non-opposition, the Court finds no reason to deny Plaintiff’s request for voluntary dismissal

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under Rule 41(a)(2). Therefore, the Court shall grant the motion and close this action. See Fed.

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R. Civ. P. 41(a)(2); Hargis, 312 F.3d at 412; Smith, 263 F.3d at 975.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for voluntary dismissal with prejudice under Rule 41(a)(2) is
GRANTED;

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2. All pending motions, if any, are TERMINATED; and

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3. The Clerk of the Court is directed to CLOSE this case.

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This terminates the action in its entirety.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 2, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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