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