Alfonso Hall v. Smith et al

Filing 62

ORDER Regarding Stipulation for Voluntary Dismissal, with Prejudice, signed by Magistrate Judge Barbara A. McAuliffe on 09/04/2018. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFONSO HALL,

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Plaintiff,
v.

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Case No. 1:15-cv-00860-LJO-BAM (PC)
ORDER REGARDING STIPULATION FOR
VOLUNTARY DISMISSAL, WITH
PREJUDICE
(Doc. No. 61)

D. SMITH, et al.,
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Defendants.

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Plaintiff Alfonso Hall is a state prisoner proceeding pro se and in forma pauperis in this
action pursuant to 42 U.S.C. § 1983.
On August 31, 2018, defense counsel filed a stipulation for voluntary dismissal, with

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prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (Doc. No. 61.) The

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stipulation is signed and dated by Plaintiff and counsel for Defendants, indicating that the case

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has been resolved in its entirety.

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The stipulation further states that the Court shall retain jurisdiction for the purposes of
enforcing the terms of the settlement agreement. However, the settlement judge declines to retain

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jurisdiction for such a purpose, and therefore that portion of the stipulation will not be adopted by

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the Court.

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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). Each party shall bear their own litigation costs and

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attorney’s fees. The Clerk of the Court is directed to terminate all pending motions and

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deadlines, and close this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 4, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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