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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN DARNELL BRYANT, 12 Plaintiff, 13 14 Case No. 1:11-cv-00446-BAM (PC) ORDER OF DISMISSAL (ECF No. 385) v. GALLAGHER, et al., 15 ORDER DIRECTING CLERK OF COURT TO CLOSE CASE Defendants. 16 Plaintiff Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding in forma 17 18 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 19 20 prejudice, signed by counsel for both parties, indicating this matter has been resolved in its 21 entirety. The parties set forth the material terms of the settlement agreement, and requested that 22 the Court retain jurisdiction for twelve months to enforce any term of the settlement agreement. 23 (ECF No. 385.) 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. This action is dismissed with prejudice pursuant to Federal Rule of Civil 26 Procedure 41(a)(2). Each party is to bear his own costs, attorney’s fees, and expenses of any 27 type, except as provided in the settlement agreement. There is no prevailing party in this action; 28 /// 1 1 2. The Court shall retain jurisdiction for twelve months from the date of entry of this 2 order for the sole purpose of enforcement of the terms of the settlement agreement between the 3 parties; and 4 5 3. The Clerk of the Court is directed to terminate all pending motions and deadlines, and close this case. 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara September 27, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?