Rangel v. Tilton et al

Filing 135

ORDER OF DISMISSAL signed by Magistrate Judge Barbara A. McAuliffe on 10/7/2016. CASE CLOSED. (Lundstrom, T)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 LEONARDO JOSEPH RANGEL, 10 11 12 Plaintiff, v. D. LATRAILLE, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) 1:10-cv-01790-BAM (PC) ORDER OF DISMISSAL (ECF No. 134) ORDER DIRECTING CLERK OF COURT TO CLOSE CASE 15 16 Plaintiff Leonardo Joseph Rangel (“Plaintiff”) is a former state prisoner proceeding in 17 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. All parties have consented 18 to magistrate judge jurisdiction. (ECF Nos. 9, 93). 19 On October 6, 2016, defense counsel filed a stipulation for voluntary dismissal with 20 prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), signed by counsel for 21 Plaintiff and Defendants LaTraille and Tabor, indicating this matter has been resolved in its 22 entirety. (Doc. No.134.) 23 Accordingly, the Court orders that: 24 1. This action is dismissed with prejudice pursuant to Federal Rule of Civil 25 Procedure 41(a)(1)(A)(ii). Each party is to bear his own costs, fees, and expenses of any type, 26 including attorney’s fees. There is no prevailing party in this action; 27 28 2. The Court shall retain jurisdiction for the sole purpose of enforcement of the terms of the settlement agreement between the parties; and 1 2 3. The Clerk of the Court is directed to terminate all pending motions and deadlines, and close this case. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 7, 2016 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE

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