Goolsby v. Cate et al
Filing
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ORDER Giving Full Effect to Stipulation to Dismiss Case, with Prejudice, under Rule 41, and Ordering Clerk to Close Case signed by District Judge Dale A. Drozd on 09/07/2016. CASE CLOSED.(Flores, E)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THOMAS GOOLSBY,
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Plaintiff,
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No. 1:13-cv-00119-DAD-EPG-PC
v.
MATTHEW CATE, et al.,
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ORDER GIVING FULL EFFECT TO
STIPULATION TO DISMISS CASE, WITH
PREJUDICE, UNDER RULE 41, AND
ORDERING CLERK TO CLOSE CASE
Defendants.
(Doc. No. 90)
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Plaintiff Thomas Goolsby is a state prisoner proceeding pro se in this civil rights action
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brought pursuant to 42 U.S.C. § 1983. The case now proceeds on the second amended complaint
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filed on June 6, 2014, in which plaintiff alleges Eighth Amendment claims against defendants
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Warden Holland, Warden Stainer, and Captain J. Lundy, for denial of adequate outdoor exercise
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time; and defendants Captain J. Lundy, Sergeant S. Foster, Plumlee (Maintenance Supervisor),
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Warden Holland, Correctional Officer Jordan, and Correctional Officer Uribe, for deliberate
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indifference to unsanitary and unsafe conditions of confinement.1 (Doc. No. 34.)
On August 22, 2016, a stipulation for voluntary dismissal with prejudice was filed with
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the court, reflecting the signatures of plaintiff and counsel for defendants Holland, Stainer,
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On March 24, 2015, the court issued an order dismissing all other claims and defendants from
this action, due to plaintiff’s failure to state a claim under § 1983. (Doc. No. 36.)
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Lundy, Foster, Plumlee, Jordon, and Uribe. (Doc. No. 90.) The parties’ stipulation states that
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plaintiff Thomas Goolsby and defendants Foster, Holland, Jordan, Lundy, Plumlee, Stainer, and
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Uribe have resolved this case in its entirety and therefore stipulate to the dismissal of this action
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with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows plaintiffs to “dismiss an action
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without a court order by filing a stipulation of dismissal signed by all parties who have appeared.”
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See also Kelly v. Wengler, 822 F.3d 1085, 1095 (9th Cir. 2016). The stipulation filed on August
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22, 2016 is signed by all parties who have appeared in this action. Therefore, the parties’
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stipulation is given full force and effect, and this case is dismissed with prejudice. The clerk shall
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close the case.
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Accordingly:
1. The parties’ stipulation for voluntary dismissal of this action with prejudice is effective as
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of the date it was filed;
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2. This case is dismissed with prejudice; and
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3. The Clerk of the Court is directed to close this case.
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IT IS SO ORDERED.
Dated:
September 7, 2016
UNITED STATES DISTRICT JUDGE
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