Romero v. Yates et al

Filing 46

ORDER DISMISSING With Prejudice Plaintiff's Claim Under 42 U.S.C. 1983 for Violations of His First, Fifth, and Fourteenth Amendment Rights, and Directing the Clerk to Terminate Defendants Chris Lancaster and Javier Ruvalcaba signed by Magistrate Judge Sheila K. Oberto on 3/16/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ROMERO,

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Plaintiff,

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No. 1:14-cv-01062-SKO

v.
JAMES YATES; CALIFORNIA
HIGHWAY PATROL OFFICER CHRIS
LANCASTER; CALIFORNIA
HIGHWAY PATROL OFFICER EFRAIN
JIMENEZ; AND CALIFORNIA
HIGHWAY PATROL OFFICER JAVIER
RUVALCABA,

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ORDER DISMISSING WITH PREJUDICE
PLAINTIFF’S CLAIM UNDER 42 U.S.C. §
1983 FOR VIOLATION S OF HIS FIRST,
FIFTH, AND FOURTEENTH AMENDMENT
RIGHTS, AND DIRECTING THE CLERK TO
TERMINATE DEFENDANTS CHRIS
LANCASTER AND JAVIER RUVALCABA
(Doc. No. 45)

Defendants.

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On March 15, 2017, Plaintiff David Romero and Defendants James Yates, and California

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Highway Patrol Officers Efrain Jimenez, Chris Lancaster, and Javier Ruvalcaba filed their

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“Stipulation for Dismissal of Defendants California Highway Patrol Officers Chris Lancaster and

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Javier Ruvalcaba and Certain Claims with Prejudice” (the “Stipulation”). (Doc. No. 45.) In view

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of the Stipulation, Plaintiff’s claim arising under 42 U.S.C. § 1983 for violations of his First, Fifth

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and Fourteenth Amendment rights is DISMISSED WITH PREJUDICE. See Fed. R. Civ. P.

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

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//

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Furthermore, pursuant to the Stipulation, this action has been terminated as to Defendants

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Chris Lancaster and Javier Ruvalcaba, see id.; Wilson v. City of San Jose, 111 F.3d 688, 692 (9th

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Cir. 1997), and has been DISMISSED WITH PREJUDICE as to those defendants. Accordingly,

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the Clerk of the Court is directed to TERMINATE Defendants Chris Lancaster and Javier

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Ruvalcaba.
The case shall remain OPEN pending resolution of Plaintiff’s case against the remaining

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defendants.

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IT IS SO ORDERED.
Dated:

March 16, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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