Bryant v. Gallagher et al

Filing 386

ORDER of Dismissal; ORDER Directing Clerk of Court to Close Case signed by Magistrate Judge Barbara A. McAuliffe on 09/27/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN DARNELL BRYANT,

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Plaintiff,

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Case No. 1:11-cv-00446-BAM (PC)
ORDER OF DISMISSAL
(ECF No. 385)

v.
GALLAGHER, et al.,

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ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE

Defendants.

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Plaintiff Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On September 26, 2017, defense counsel filed a stipulation for voluntary dismissal with

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prejudice, signed by counsel for both parties, indicating this matter has been resolved in its

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entirety. The parties set forth the material terms of the settlement agreement, and requested that

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the Court retain jurisdiction for twelve months to enforce any term of the settlement agreement.

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(ECF No. 385.)

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Accordingly, IT IS HEREBY ORDERED that:

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1.

This action is dismissed with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(2). Each party is to bear his own costs, attorney’s fees, and expenses of any

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type, except as provided in the settlement agreement. There is no prevailing party in this action;

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2.

The Court shall retain jurisdiction for twelve months from the date of entry of this

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order for the sole purpose of enforcement of the terms of the settlement agreement between the

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parties; and

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3.

The Clerk of the Court is directed to terminate all pending motions and deadlines,

and close this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 27, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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