Griffin v. Gonzales et al

Filing 89

ORDER Directing Clerk of Court to Close Case Pursuant to Stipulation for Voluntary Dismissal, with Prejudice, signed by Magistrate Judge Barbara A. McAuliffe on 12/11/17. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 MATTHEW JAMES GRIFFIN, 8 9 10 Plaintiff, v. Case No.: 1:11-cv-00210-DAD-BAM (PC) ORDER DIRECTING CLERK OF COURT TO CLOSE CASE PURSUANT TO STIPULATION FOR VOLUNTARY DISMISSAL, WITH PREJUDICE CALDWELL, (ECF No. 88) 11 Defendant. 12 13 Plaintiff Matthew James Griffin is a state prisoner proceeding pro se and in forma 14 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 8, 2017, defense 15 counsel filed a stipulation for voluntary dismissal with prejudice pursuant to Federal Rule of Civil 16 Procedure 41(a)(1)(A)(ii). (ECF No. 88.) The stipulation is signed and dated by Plaintiff and 17 counsel for Defendant Caldwell, indicating that the case has been resolved in its entirety, that 18 each side shall bear their own costs and attorney’s fees, and that there is no prevailing party. 19 In light of parties’ stipulation for voluntary dismissal, this action is terminated by 20 operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). Each party 21 shall bear his or her own litigation costs and attorney’s fees. The Clerk of the Court is directed to 22 terminate all pending motions and deadlines, and close this case. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: December 11, 2017 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE

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