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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY TYSON,

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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)

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Defendants.

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Plaintiff Jeffrey Tyson (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 25, 2017, defense

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counsel filed a stipulation for voluntary dismissal with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii) with respect to Defendants Johnson, Guintibano, and Contreras, (ECF

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No. 32), and a second stipulation with respect to Defendants Valdez and Mijangos, (ECF No. 33).

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The stipulations are signed by Plaintiff and defense counsel for Defendants, indicating that the

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case has been resolved in its entirety, should be dismissed with prejudice, and each side shall bear

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their own litigation costs and attorney’s fees.

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Accordingly, this action is DISMISSED with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii). Each party shall bear his own litigation costs and attorney’s fees. The

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Clerk of the Court is directed to close this case.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

September 26, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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