Vance Edward Johnson v. Barajas

Filing 35

ORDER of Dismissal Under Rule 41(a) re 34 ; ORDER Directing Clerk of Court to Close Case, signed by Magistrate Judge Gary S. Austin on 10/12/17. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VANCE EDWARD JOHNSON,

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Plaintiff,

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vs.

ORDER OF DISMISSAL UNDER RULE 41(a)
(ECF No. 34.)
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE

BARAJAS,

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1:14-cv-01690-LJO-GSA-PC

Defendant.

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I.

BACKGROUND

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Vance Edward Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The case now proceeds with

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the First Amended Complaint filed by Plaintiff on August 21, 2015, against defendant

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Correctional Officer M. Barajas (“Defendant”) on Plaintiff’s claim for adverse conditions of

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confinement under the Eighth Amendment. (ECF No. 9.)

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On October 11, 2017, defense counsel filed a stipulation for voluntary dismissal of this

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case under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with prejudice, signed by counsel

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for both parties, indicating that this matter has been resolved in its entirety. (ECF No. 34.)

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Rule 41(a)(1)(A)(ii) provides that “the plaintiff may dismiss an action without a court
order by filing a stipulation of dismissal signed by all parties who have appeared.”

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In this case, given that Plaintiff has stipulated with all other defendants who have

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appeared in this action to dismiss this action with prejudice, the court finds it proper to dismiss

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this case in its entirety, with prejudice.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The parties’ stipulation filed in this action on October 11, 2017, is effective as of
the date it was filed;

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2.

This case is DISMISSED in its entirety, with prejudice; and

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3.

The Clerk of the Court is DIRECTED to close the file in this case and adjust the

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docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

October 12, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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