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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES W. WINDHAM,

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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

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forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter is currently set for

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an evidentiary hearing on the issue of exhaustion. (ECF No. 141.)

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On April 5, 2018, Plaintiff filed a notice of voluntary dismissal of this action and request

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to cancel the scheduled evidentiary hearing and related transport order. (ECF No. 144.) Pursuant

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to that notice, the Court directed the parties to meet and confer to clarify their intent with respect

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to dismissal of this action, whether such dismissal would be with or without prejudice, and to file

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a response or stipulation accordingly. (ECF No. 145.)

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Currently before the Court is a stipulation for voluntary dismissal with prejudice pursuant

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to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), filed by defense counsel. (ECF No. 146.) The

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stipulation is signed and dated by Plaintiff and counsel for all Defendants who have appeared in

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this action, and indicates that each party shall bear its own litigation costs and attorney’s fees.
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Accordingly, this action is terminated by operation of law without further order from the

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Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court is directed to vacate the

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evidentiary hearing set for May 10, 2018, terminate all pending motions and deadlines, and close

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this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 15, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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