Hodge v. Gonzales et al

Filing 58

ORDER DIRECTING Clerk of Court to Terminate All Motions and Deadlines, Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 9/19/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK HODGE, Case No. 1:15-cv-01618-AWI-BAM (PC) 12 13 v. 14 15 Plaintiff, ORDER DIRECTING CLERK OF COURT TO TERMINATE ALL MOTIONS AND DEADLINES, CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL J. GONZALES, et al., 16 Defendants. 17 18 19 20 Plaintiff Mark Hodge (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 19, 2017, defense counsel filed a stipulation for voluntary dismissal with 21 prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 57.) The 22 stipulation is signed by Plaintiff and defense counsel for Defendants, indicating that case has been 23 resolved in its entirety, should be dismissed with prejudice, and each side shall bear their own 24 litigation costs and attorney’s fees. 25 Accordingly, the Court HEREBY ORDERS that: 26 1. This action is dismissed with prejudice pursuant to Federal Rule of Civil 27 Procedure 41(a)(1)(A)(ii). Each party is to bear his own costs, fees, and expenses of any type, 28 including attorney’s fees. There is no prevailing party in this action; 1 1 2 2. The Clerk of the Court is directed to terminate all pending motions and deadlines, and close this case. 3 4 5 IT IS SO ORDERED. Dated: /s/ Barbara September 19, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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