Hamilton v. Hart et al

Filing 123

ORDER Directing the Clerk of the Court to Close Case, signed by Magistrate Judge Erica P. Grosjean on 10/26/17. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 DENNIS L. HAMILTON, Plaintiff, 9 10 11 v. JOHN HART, et al. ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE (ECF No. 122) Defendants. 12 13 Case No. 1:10-cv-00272-DAD-EPG (PC) Plaintiff Dennis L. Hamilton is a state prisoner proceeding pro se and in forma pauperis in 14 this civil rights action pursuant to 42 U.S.C. ยง 1983. On October 24,2017, the parties informed 15 the Court that they had reached a settlement, and agreed for the Court to retain jurisdiction to 16 enforce the settlement agreement. (ECF No. 120.) On October 25, 2017, defense counsel filed a 17 stipulation to dismiss this action with prejudice. (ECF No. 122.) All parties have agreed to the 18 dismissal. Id. In light of the stipulation, the case has ended and is dismissed with prejudice. See 19 Fed. R. Civ. P. 41(a)(1)(A)(ii); Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995). However, 20 the Court shall retain jurisdiction for the sole purpose of enforcement of the terms of the 21 settlement agreement between the parties. Accordingly, the Clerk of the Court is DIRECTED to 22 close this case. IT IS SO ORDERED. 23 24 Dated: October 26, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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