Fratus v. California Department of Corrections, et al.

Filing 91

ORDER DISMISSING ACTION, With Prejudice, Pursuant to 90 Parties' Stipulation for Voluntary Dismissal and DENYING 80 , 83 Motions to Compel AS MOOT signed by District Judge Dale A. Drozd on 1/5/2016. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California CHRISTOPHER J. BECKER, State Bar No. 230529 Supervising Deputy Attorney General DIANA ESQUIVEL, State Bar No. 202954 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 445-4928 Facsimile: (916) 324-5205 E-mail: Diana.Esquivel@doj.ca.gov 7 Attorneys for Defendant Callow 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 JOHN FRATUS, 14 15 v. 16 CALLOW, 17 No. 1:12-cv-00906 DAD-SKO (PC) Plaintiff, ORDER DISMISSING ACTION, WITH PREJUDICE, PURSUANT TO PARTIES’ STIPULATION FOR VOLUNTARY DISMISSAL AND DENYING MOTIONS TO COMPEL AS MOOT (Docs. 80, 83, and 90) Defendant. 18 19 20 21 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff John Fratus 22 (“Plaintiff”) and Defendant Callow stipulate to the voluntary dismissal of this action with 23 prejudice. Each party is to bear his own costs, fees, or expenses. There is no prevailing party in this 24 25 action. 26 /// 27 /// 28 /// 1 Stipulation and Proposed Order for Voluntary Dismissal with Prejudice of Action (1:12-cv-0906 DAD-SKO) 1 IT IS SO STIPULATED. 2 3 Dated: December 18, 2015 Respectfully submitted, 4 /s/ John Fratus 5 John Fratus Plaintiff Pro Se 6 7 8 Dated: December 18, 2015 KAMALA D. HARRIS Attorney General of California CHRISTOPHER J. BECKER Supervising Deputy Attorney General 9 10 /s/ Diana Esquivel 11 DIANA ESQUIVEL Deputy Attorney General Attorneys for Defendant 12 13 14 15 ORDER 16 Based on the parties’ stipulation, this action is HEREBY DISMISSED with prejudice 17 pursuant to Rule 41(a)(1)(A)(ii), and Plaintiff’s pending motions to compel (Doc. Nos. 80 & 83) 18 are DENIED as moot. 19 IT IS SO ORDERED. 20 21 Dated: January 5, 2016 22 DALE A. DROZD UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2 Stipulation and Proposed Order for Voluntary Dismissal with Prejudice of Action (1:12-cv-0906 DAD-SKO)

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