Briones v. Frauenhein et al

Filing 46

ORDER GIVING Full Effect to Stipulation to Dismiss Case, With Prejudice, Under Rule 41, signed by Magistrate Judge Gary S. Austin on 12/29/16. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY G. BRIONES, 12 13 14 15 Plaintiff, vs. 1:14-cv-01479-GSA-PC ORDER GIVING FULL EFFECT TO STIPULATION TO DISMISS CASE, WITH PREJUDICE, UNDER RULE 41 (ECF No. 45.) S. FLORES, et al., Defendants. ORDER FOR CLERK TO CLOSE CASE 16 17 Johnny G. Briones is a state prisoner proceeding pro se in this civil rights action 18 brought pursuant to 42 U.S.C. ' 1983. The case proceeds with Plaintiff=s First Amended 19 Complaint filed on May 22, 2015, against Defendant S. Flores, for the use of excessive force in 20 violation of the Eighth Amendment.1 The parties to this action have consented to Magistrate 21 Judge jurisdiction under 28 U.S.C. § 636(c). (ECF Nos. 4, 39.) Therefore, the undersigned 22 shall conduct all further proceedings, including trial and entry of final judgment. 23 On December 20, 2016, a stipulation for voluntary dismissal with prejudice was filed 24 with the Court, containing the signatures of Plaintiff and Counsel for Defendant S. Flores. 25 (ECF No. 45.) The stipulation states that Plaintiff Johnny G. Briones and Defendant S. Flores 26 27 28 1 On August 26, 2016, the Court granted Defendants’ motion for partial summary judgment and dismissed Plaintiff’s claims against defendants Walker, Jericoff, Catlett, Arrequin, and Gonzales, without prejudice, for failure to exhaust administrative remedies. (ECF No. 43.) Therefore, the only Defendant left in this case is Defendant S. Flores. 1 1 have resolved this case in its entirety and therefore stipulate to a dismissal of this action with 2 prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). 3 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows plaintiffs to “dismiss an action 4 without a court order by filing a stipulation of dismissal signed by all parties who have 5 appeared.” The stipulation filed on December 20, 2016 is signed by all parties who have 6 appeared in this case. Therefore, the parties’ stipulation is given full force and effect, and this 7 case is dismissed with prejudice. The Clerk shall close the case. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. 10 The parties’ stipulation for voluntary dismissal of this action with prejudice is effective as of the date it was filed; 11 2. This case is DISMISSED WITH PREJUDICE under Rule 41; and 12 3. The Clerk of the Court is directed to close this case. 13 14 15 16 IT IS SO ORDERED. Dated: December 29, 2016 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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