Thomas v. Smith et al

Filing 33

STIPULATION and ORDER for Voluntary Dismissal with Prejudice, signed by Chief Judge Lawrence J. O'Neill on 9/30/16. CASE CLOSED. (Gonzalez, R)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Supervising Deputy Attorney General
JUSTIN W. WALKER, State Bar No. 276757
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Clark, Graves, and Smith-Robicheaux

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-cv-02002-LJO-EPG (PC)
MELVIN H. THOMAS,
STIPULATION FOR VOLUNTARY
Plaintiff, DISMISSAL WITH PREJUDICE
(Fed. R. Civ. P. 41(a)(1)(A)(ii)); ORDER

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v.

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MARLENE SMITH, et al.,
Defendants.

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Stip. Voluntary Dismissal [Fed.R.Civ.P. 41(a)(1)(A)(ii)] (1:14-cv-02002-LJO-EPG (PC))

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Plaintiff Melvin H. Thomas and Defendants N. Clark, A. Graves, and M. Smith-

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Robicheaux have resolved this case in its entirety. Therefore, the parties stipulate to a dismissal

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of this action with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

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Each party shall bear its own litigation costs and attorney’s fees.

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It is so stipulated.

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Dated:
Melvin Thomas
Plaintiff

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Dated:
Justin W. Walker
Deputy Attorney General
California Attorney General's Office
Attorney for Defendants Clark, Graves, and
Smith-Robicheaux

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ORDER

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Based on the parties’ stipulation (a fully executed version of which is located at ECF No.
32), this action is DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii). Defendants’
pending motion to dismiss (ECF No. 16) is DENIED as moot.
IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill _____

September 30, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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Stip. Voluntary Dismissal [Fed.R.Civ.P. 41(a)(1)(A)(ii)] (1:14-cv-02002-LJO-EPG (PC))