Garza v. Fisher

Filing 85

ORDER Directing Clerk to Close Case signed by Magistrate Judge Sheila K. Oberto on 05/16/2017. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 Case No. 1:15-cv-00234-DAD-SKO FERNIE GARZA, 9 10 Plaintiff, 11 v. 12 ORDER DIRECTING CLERK TO CLOSE CASE (Doc. 84) RAYTHEL FISHER, JR., et al., 13 Defendants. _____________________________________/ 14 15 16 On May 15, 2017, the parties filed a joint Stipulation for Voluntary Dismissal with 17 Prejudice, in which the parties notify the Court that this action has been dismissed with prejudice 18 19 (the “Stipulation”). (Doc. 84.) This Stipulation is signed by all parties who have appeared in this matter.1 (See id.) As such, this case has been voluntarily dismissed with prejudice pursuant to 20 Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Court therefore DIRECTS the Clerk to close 21 this case. 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: May 16, 2017 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 1 The Stipulation is not signed by a Defendant named in Plaintiff’s first complaint―Raythel Fisher Jr. (See Doc. 84.) However, this complaint is no longer operative, as Plaintiff subsequently filed his First Amended Complaint for Damages for Willful Violations of Civil Rights. (See Doc. 65.) Additionally, Mr. Fisher was not named as a Defendant in the currently operative amended complaint. (See id.) As such, Mr. Fisher is no longer a party in this action and his omission from the Stipulation does not preclude the voluntary dismissal of this case.

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