Mayora v. Eslick et al

Filing 45

ORDER DISMISSING ACTION Without Prejudice Per Parties' STIPULATION (Doc. 44 ), signed by District Judge Lawrence J. O'Neill on 3/29/2016. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE AUGUSTINE MAYORGA,

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Plaintiff,

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ORDER DISMISSING ACTION WITHOUT
PREJUDICE PER PARTIES’ STIPULATION

v.

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Case No. 1:14-cv-00099-LJO-SKO (PC)

ESLICK, et al.,

(Doc. 44)

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Defendants.

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Plaintiff, Jose Augustine Mayorga, is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983.
On March 28, 2016, the parties submitted a fully executed stipulation for voluntary

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dismissal without prejudice per Federal Rule of Civil Procedure 41(a)(2) and, consistent with

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Rule 41(d), Defendants retain the right to seek payment of all fees, costs, and expenses incurred

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in this action if Plaintiff subsequently re-flies a complaint against Defendants based on or

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including the same claims raised in this action. (Doc. 330.)

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In accordance with the parties' stipulation, it is HEREBY ORDERED that this action is
dismissed without prejudice and the Clerk of the Court is ordered to close the case.
IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

March 29, 2016

UNITED STATES DISTRICT JUDGE

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