Goolsby v. Holland, et al.

Filing 61

ORDER DIRECTING the Clerk of the Court to Close the Case, signed by District Judge Dale A. Drozd on 7/21/16. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THOMAS GOOLSBY,

12

Plaintiff,

13
14

No. 1:13-cv-01100-DAD-BAM (PC)

v.

ORDER DIRECTING THE CLERK OF THE
COURT TO CLOSE THE CASE

KIMBERLY HOLLAND,
(Doc. No. 58)

15

Defendants.

16
17

Plaintiff Thomas Goolsby is a state prisoner proceeding pro se and in forma pauperis in

18

this civil rights action pursuant to 42 U.S.C. § 1983. On June 21, 2016, defense counsel filed a

19

stipulation for voluntary dismissal of the action with prejudice, signed by both parties, indicating

20

this case has been resolved in its entirety via settlement. (Doc. Nos. 58 and 59.) On June 22,

21

2016, the assigned magistrate judge issued an order retaining jurisdiction to enforce the

22

settlement agreement until the settlement check is distributed to the plaintiff. (Doc. No. 60.)
Based upon the parties’ stipulation, this action has been dismissed with prejudice pursuant

23
24

to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), see Wilson v. City of San Jose, 111 F.3d 688,

25

692 (9th Cir. 1997), and with each party to bear its own litigation costs and attorney’s fees. The

26

Clerk of the Court is directed to terminate all pending motions and deadlines, and close this case.

27

/////

28

/////
1

1

The court, however, shall retain jurisdiction for the limited purpose of enforcing the settlement

2

agreement until the settlement check is distributed to the plaintiff.

3
4
5

IT IS SO ORDERED.
Dated:

July 21, 2016
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2