Schultz v. California Department of Corrections and Rehabilitation et al

Filing 98

ORDER Dismissing Action and Closing Case, signed by District Judge Dale A. Drozd on 3/9/16. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH SCHULTZ,

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Plaintiff,

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No. 1:11-cv-0988-DAD-MJS (PC)

v.

ORDER DISMISSING ACTION AND
CLOSING CASE

STATE OF CALIFORNIA, et al.,
(Doc. No. 97)

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Defendants.

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Plaintiff Kenneth Schultz is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. (Doc. Nos. 1, 6.) On February 4, 2016, the assigned

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Magistrate Judge presided over a settlement conference in this action at which time a settlement

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was reached. Thereafter, on February 29, 2016, the parties filed a joint stipulation dismissing this

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action with prejudice, with each party to bear its own costs and attorneys’ fees. (Doc. No. 97.) In

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light of the parties’ stipulation, this case has been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(ii);

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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and is hereby DISMISSED with

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prejudice and without an award of attorneys’ fees and costs to either party. As indicated in the

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parties’ stipulation and consent, and pursuant thereto, the assigned Magistrate Judge shall retain

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jurisdiction to enforce the settlement agreement reached in this case.

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Accordingly, the court directs the Clerk of Court to close the case.
IT IS SO ORDERED.
Dated:

March 9, 2016
UNITED STATES DISTRICT JUDGE

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