Mitchell v. Beard et al

Filing 70

ORDER giving full effect to 69 Stipulation for voluntary dismissal with prejudice under Rule 41 signed by Magistrate Judge Gary S. Austin on 4/5/2018. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN EDWARD MITCHELL,

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Plaintiff,
vs.
J. BEARD, et al.,
Defendants.

1:15-cv-01512-GSA-PC
ORDER GIVING FULL EFFECT TO
STIPULATION FOR VOLUNTARY
DISMISSAL, WITH PREJUDICE, UNDER
RULE 41
(ECF No. 69.)
ORDER FOR CLERK TO CLOSE CASE

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John Edward Mitchell (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds

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with Plaintiff’s Second Amended Complaint, filed on March 13, 2017, against defendant C/O

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M. Hunter (“Defendant”), for subjecting Plaintiff to adverse conditions of confinement in

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violation of the Eighth Amendment. (ECF No. 42.) On January 17, 2018, all remaining

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defendants and claims were dismissed from this case. (ECF No. 61.)

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On April 4, 2018, a stipulation for voluntary dismissal with prejudice under Rule 41

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was filed with the Court, containing the signatures of counsel for Plaintiff and counsel for

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Defendant Hunter. (ECF No. 69.)

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows plaintiffs to “dismiss an action

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without a court order by filing a stipulation of dismissal signed by all parties who have

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appeared.” The stipulation filed on June 30, 2017, is signed by all parties who have appeared

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in this case. Therefore, the parties’ stipulation is given full force and effect, and this case is

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dismissed with prejudice. The Clerk shall close the case.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The parties’ stipulation for voluntary dismissal of this action with prejudice is
effective as of the date it was filed;

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2.

This case is DISMISSED WITH PREJUDICE under Rule 41; and

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3.

The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

April 5, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE