Hackett v. Fisher et al

Filing 53

ORDER Regarding 52 Stipulation for Voluntary Dismissal, with Prejudice, signed by Magistrate Judge Barbara A. McAuliffe on 9/10/18. Case Closed(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHEN HACKETT,

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Plaintiff,
v.
TOOR, et al.,

Case No. 1:15-cv-00670-DAD-BAM (PC)
ORDER REGARDING STIPULATION FOR
VOLUNTARY DISMISSAL, WITH
PREJUDICE
(ECF No. 52)

Defendants.

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Plaintiff Stephen Hackett (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983. Currently pending are the Court’s

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findings and recommendations to grant Defendant Toor’s motion for summary judgment for

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failure to exhaust administrative remedies. (ECF No. 49.)

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On August 29, 2018, Plaintiff filed a “Motion to Abandon All Claims for Relief.” (ECF

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No. 50.) Pursuant to that notice, the Court directed the parties to meet and confer to clarify their

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intent with respect to dismissal of this action, whether such dismissal would be with or without

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prejudice, and to file a response or stipulation accordingly. (ECF No. 145.)

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Currently before the Court is a stipulation for voluntary dismissal of this action with

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prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), filed by defense counsel.

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(ECF No. 52.) The stipulation is signed and dated by Plaintiff and counsel for Defendant Toor,

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and indicates that each party shall bear its own litigation costs and attorney’s fees.
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Accordingly, this action is terminated by operation of law without further order from the

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Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court is directed to terminate all pending

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motions and deadlines and close this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 10, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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