Puckett v. Young et al

Filing 29

ORDER REGARDING Stipulation for Voluntary Dismissal with Prejudice signed by Magistrate Judge Barbara A. McAuliffe on 1/5/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DURRELL PUCKETT,

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Plaintiff,

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v.
R. YOUNG, et al.,
Defendants.

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1:13-cv-00840-BAM (PC)
ORDER REGARDING STIPULATION FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE
(ECF No. 28)

Plaintiff Durrell A. Puckett is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s second

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amended complaint, filed on July 21, 2014, against Defendants Grant, Meyers, Young, Jobb,

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Rodriguez, Slankard and Martinez for excessive force, against Defendants Williams, Munoz,

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Peterson, Grant and Steers for failure to intervene, and against Defendant Slankard for deliberate

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indifference to Plaintiff’s conditions of confinement.

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On January 5, 2014, Defendants filed a “Stipulation for Voluntary Dismissal with

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Prejudice.” (ECF No. 28.) Defendants represent that the parties have resolved this case in its

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entirety and stipulate to a dismissal of this action with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii). However, the document is signed electronically for Plaintiff as “/s/

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THD for Durrell A. Puckett.” (ECF No. 28, p. 2.) The electronic signature does not comply with

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Local Rule 131 and Plaintiff has not been authorized to file papers electronically.

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Accordingly, within fourteen (14) days following service of this order, defense counsel

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shall scan and file the stipulation for voluntary dismissal, along with the signature page

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containing the original signatures of Plaintiff and defense counsel.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 5, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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