Tyson v. Pietroforte et al

Filing 34

ORDER of Dismissal; ORDER to Clerk of Court to Close Case, signed by Magistrate Judge Barbara A. McAuliffe on 9/26/17. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 JEFFREY TYSON, 8 9 10 Plaintiff, v. Case No. 1:14-cv-01169-BAM (PC) ORDER OF DISMISSAL ORDER TO CLERK OF COURT TO CLOSE CASE PIETROFORTE, et al., (ECF Nos. 32, 33) 11 Defendants. 12 13 Plaintiff Jeffrey Tyson (“Plaintiff”) is a state prisoner proceeding pro se and in forma 14 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 25, 2017, defense 15 counsel filed a stipulation for voluntary dismissal with prejudice pursuant to Federal Rule of Civil 16 Procedure 41(a)(1)(A)(ii) with respect to Defendants Johnson, Guintibano, and Contreras, (ECF 17 No. 32), and a second stipulation with respect to Defendants Valdez and Mijangos, (ECF No. 33). 18 The stipulations are signed by Plaintiff and defense counsel for Defendants, indicating that the 19 case has been resolved in its entirety, should be dismissed with prejudice, and each side shall bear 20 their own litigation costs and attorney’s fees. 21 Accordingly, this action is DISMISSED with prejudice pursuant to Federal Rule of Civil 22 Procedure 41(a)(1)(A)(ii). Each party shall bear his own litigation costs and attorney’s fees. The 23 Clerk of the Court is directed to close this case. IT IS SO ORDERED. 24 25 Dated: /s/ Barbara September 26, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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