Windham v. Marin et al

Filing 152

ORDER DISREGARDING Plaintiff's Opposition, Declaration in Support, and Supplemental Addendum to Opposition signed by Magistrate Judge Barbara A. McAuliffe on 4/30/2018. (Sant Agata, S)

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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,

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v.

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Case No. 1:14-cv-01636-DAD-BAM (PC)
ORDER DISREGARDING PLAINTIFF’S
OPPOSITION, DECLARATION IN
SUPPORT, AND SUPPLEMENTAL
ADDENDUM TO OPPOSITION

MARIN , et al.,

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(ECF Nos. 149, 150, 151)
Defendants.

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Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner who proceeded pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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 and whether such dismissal would be with or without prejudice.

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Defendants were further directed to file: (1) a response to Plaintiff’s notice; (2) a stipulation to

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dismiss this action; or (3) if the parties did not intend to seek dismissal of this action, a statement

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setting forth the witnesses and documents Defendants intended to present at the scheduled

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evidentiary hearing. (ECF No. 145.)

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On April 12, 2018, Defendants filed a stipulation for voluntary dismissal, with prejudice,
signed by Plaintiff and counsel for all Defendants who have appeared in this action. (ECF No.
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146.) In addition, on April 13, 2018, Defendants filed a response to Plaintiff’s notice of voluntary

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dismissal. (ECF No. 147.)

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On April 16, 2018, the Court issued an order vacating the scheduled evidentiary hearing

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pursuant to the parties’ stipulation for voluntary dismissal. (ECF No. 148.) This action was

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terminated by operation of law without further order from the Court. Fed. R. Civ. P.

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41(a)(1)(A)(ii). The case was closed the same date.

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On April 23, 2018, Plaintiff filed an opposition to Defendants’ response to his notice of

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voluntary dismissal, as well as a declaration filed in support of his opposition. (ECF Nos. 149,

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150.) On April 25, 2018, Plaintiff also filed a supplemental addendum to his opposition, which is

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comprised of more than 130 pages of exhibits. (ECF No. 151.) Upon review of these filings, it

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does not appear that Plaintiff raises any objection or opposition to the dismissal of this action or

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to the filing of the stipulation for voluntary dismissal. Plaintiff does not request any particular

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relief.

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As noted above, the stipulation for voluntary dismissal signed by Plaintiff and counsel for

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Defendants terminated this action by operation of law without further order from the Court. Fed.

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R. Civ. P. 41(a)(1)(A)(ii). There are no pending motions or deadlines in this matter, which

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remains closed.

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Accordingly, Plaintiff’s opposition, declaration in support, and supplemental addendum,
(ECF Nos. 149, 150, 151), are HEREBY DISREGARDED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 30, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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