Windham v. Marin et al

Filing 148

ORDER Regarding Stipulation for Voluntary Dismissal, with Prejudice; ORDER Vacating Evidentiary Hearing Set for May 10, 2018 signed by Magistrate Judge Barbara A. McAuliffe on 04/15/2018. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES W. WINDHAM, 12 13 14 15 16 17 Plaintiff, v. MARIN, et al., Case No. 1:14-cv-01636-DAD-BAM (PC) ORDER REGARDING STIPULATION FOR VOLUNTARY DISMISSAL, WITH PREJUDICE (ECF No. 146) Defendants. ORDER VACATING EVIDENTIARY HEARING SET FOR MAY 10, 2018 Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter is currently set for 19 an evidentiary hearing on the issue of exhaustion. (ECF No. 141.) 20 On April 5, 2018, Plaintiff filed a notice of voluntary dismissal of this action and request 21 to cancel the scheduled evidentiary hearing and related transport order. (ECF No. 144.) Pursuant 22 to that notice, the Court directed the parties to meet and confer to clarify their intent with respect 23 to dismissal of this action, whether such dismissal would be with or without prejudice, and to file 24 a response or stipulation accordingly. (ECF No. 145.) 25 Currently before the Court is a stipulation for voluntary dismissal with prejudice pursuant 26 to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), filed by defense counsel. (ECF No. 146.) The 27 stipulation is signed and dated by Plaintiff and counsel for all Defendants who have appeared in 28 this action, and indicates that each party shall bear its own litigation costs and attorney’s fees. 1 1 Accordingly, this action is terminated by operation of law without further order from the 2 Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court is directed to vacate the 3 evidentiary hearing set for May 10, 2018, terminate all pending motions and deadlines, and close 4 this case. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara April 15, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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