Edwards v. Cabral et al

Filing 132

ORDER Giving Full Effect to Stipulation to Dismiss Case, with Prejudice, Under Rule 41 re 131 ; ORDER For Clerk to Close Case, signed by Magistrate Judge Erica P. Grosjean on 4/28/16. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN R. EDWARDS,

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Plaintiff,
vs.

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D. CABRAL,

ORDER GIVING FULL EFFECT TO
STIPULATION TO DISMISS CASE, WITH
PREJUDICE, UNDER RULE 41
(ECF No. 131.)

R. BRATTON and

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1:13-cv-00345-EPG-PC

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ORDER FOR CLERK TO CLOSE CASE

Defendants.

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Steven R. Edwards 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 proceeds with Plaintiff=s original Complaint

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filed on March 11, 2013, against defendants R. Bratton (LVN) and D. Cabral (Psychiatric

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Technician) (collectively, “Defendants”), for inadequate medical care, in violation of the

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Eighth Amendment. (ECF No. 1.)1

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On June 12, 2013 and June 13, 2013, Plaintiff filed notices to proceed only against defendants
Bratton, Cabral, Escorto, and Pascual, for deliberate indifference to his medical needs. (ECF Nos. 9, 10.) By this
order, all other claims and defendants are hereby dismissed from this action. Thus, Plaintiff’s excessive force
claim is dismissed from this action based on Plaintiff’s failure to state a claim upon which relief may be granted
under § 1983, and defendants George, Simas, and Joslin are dismissed from this action based on Plaintiff’s failure
to state any claims against them. On July 17, 2015, summary judgment was granted to defendants Escorto and
Pascual. (ECF No. 73.) Therefore, this case now proceeds only against defendants Bratton and Cabral for
deliberate indifference to Plaintiff’s medical needs.
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The parties to this action have consented to the jurisdiction of a Magistrate Judge

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pursuant to 28 U.S.C. ' 636(c). (ECF Nos. 77, 83.) Therefore, Magistrate Judge Erica P.

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Grosjean shall conduct any and all proceedings in the case, including trial and entry of final

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judgment.

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On April 26, 2016, a stipulation for voluntary dismissal with prejudice was filed with

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the Court, containing the signatures of Plaintiff and Counsel for Defendants Cabral, Bratton,

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Escoto, and Pascual. (ECF No. 131.) The stipulation states that Plaintiff Steven R. Edwards

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and Defendants Cabral, Bratton, Escoto, and Pascual have resolved this case in its entirety and

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therefore stipulate to a dismissal of this action with prejudice under Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii).

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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

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appeared.” The stipulation filed on April 26, 2016 is signed by all parties who have appeared

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in this case. Therefore, the parties’ stipulation is given full force and effect, and this case is

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dismissed with prejudice. The Clerk shall close the case.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The parties’ stipulation for voluntary dismissal of this action with prejudice is
effective as 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:

April 28, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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