Reese v. Davys, et al.

Filing 36

ORDER of Dismissal; ORDER to Clerk of Court to Close Case 35 , signed by Magistrate Judge Barbara A. McAuliffe on 11/17/2017: This action is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear his or her own litigation costs and attorney's fees. The Clerk of the Court is directed to close this case. (CASE CLOSED ) (Hellings, J)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 CLARENCE E. REESE, 9 10 11 Plaintiff, v. Case No. 1:15-cv-01337-DAD-BAM (PC) ORDER OF DISMISSAL ORDER TO CLERK OF COURT TO CLOSE CASE DAVYS, et al., (ECF No. 35) 12 Defendants. 13 14 Plaintiff Clarence E. Reese (“Plaintiff”) is a state prisoner proceeding pro se and in forma 15 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 17, 2017, defense 16 counsel filed a stipulation for voluntary dismissal with prejudice pursuant to Federal Rule of Civil 17 Procedure 41(a)(1)(A)(ii). (ECF No. 35.) The stipulation is signed by Plaintiff and counsel for 18 Defendants, indicating that the case has been resolved in its entirety, should be dismissed with 19 prejudice, and each side shall bear their own litigation costs and attorney’s fees. 20 Accordingly, this action is DISMISSED with prejudice pursuant to Federal Rule of Civil 21 Procedure 41(a)(1)(A)(ii). Each party shall bear his or her own litigation costs and attorney’s 22 fees. The Clerk of the Court is directed to close this case. 23 24 25 IT IS SO ORDERED. Dated: /s/ Barbara November 17, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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