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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ROMERO, 12 Plaintiff, 13 14 15 16 17 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, 18 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. 19 20 On March 15, 2017, Plaintiff David Romero and Defendants James Yates, and California 21 22 Highway Patrol Officers Efrain Jimenez, Chris Lancaster, and Javier Ruvalcaba filed their 23 “Stipulation for Dismissal of Defendants California Highway Patrol Officers Chris Lancaster and 24 Javier Ruvalcaba and Certain Claims with Prejudice” (the “Stipulation”). (Doc. No. 45.) In view 25 of the Stipulation, Plaintiff’s claim arising under 42 U.S.C. § 1983 for violations of his First, Fifth 26 and Fourteenth Amendment rights is DISMISSED WITH PREJUDICE. See Fed. R. Civ. P. 27 41(a)(1)(A)(ii). 28 // 1 Furthermore, pursuant to the Stipulation, this action has been terminated as to Defendants 2 Chris Lancaster and Javier Ruvalcaba, see id.; Wilson v. City of San Jose, 111 F.3d 688, 692 (9th 3 Cir. 1997), and has been DISMISSED WITH PREJUDICE as to those defendants. Accordingly, 4 the Clerk of the Court is directed to TERMINATE Defendants Chris Lancaster and Javier 5 Ruvalcaba. The case shall remain OPEN pending resolution of Plaintiff’s case against the remaining 6 7 defendants. 8 9 10 IT IS SO ORDERED. Dated: March 16, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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