Manago v. Davey et al

Filing 149

ORDER Giving Full Effect to Stipulation to Dismiss Case, with Prejudice, Under Rule 41; ORDER for Clerk to Close Case, signed by Magistrate Judge Gary S. Austin on 08/16/2021. CASE CLOSED. (Maldonado, C)

Case 1:16-cv-00399-DAD-GSA Document 149 Filed 08/16/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STEWART MANAGO,

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Plaintiff,
vs.
D. DAVEY, et al.,

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1:16-cv-00399-NONE-GSA-PC
ORDER GIVING FULL EFFECT TO
STIPULATION TO DISMISS CASE, WITH
PREJUDICE, UNDER RULE 41
(ECF No. 148.)
ORDER FOR CLERK TO CLOSE CASE

Defendants.

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Stewart Manago (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with

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this civil rights action filed on March 24, 2016, pursuant to 42 U.S.C. § 1983. This case now

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proceeds with the First Amended Complaint filed by Plaintiff on April 18, 2016, against

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defendants J. Acevedo, D. Davey, A. Maxfield, E. Razo, M. Sexton, A. Valdez, and J.

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Vanderpoel (collectively, “Defendants”), on Plaintiff’s First Amendment retaliation claims.

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(ECF No. 13.)

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On August 13, 2021, a stipulation for voluntary dismissal with prejudice was filed with

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the Court containing the signatures of Plaintiff and Counsel for Defendants. (ECF No. 148.) The

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stipulation states that Plaintiff and Defendants have resolved this case in its entirety and therefore
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Case 1:16-cv-00399-DAD-GSA Document 149 Filed 08/16/21 Page 2 of 2

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stipulate to a dismissal of this action with prejudice under Federal Rule of Civil Procedure

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41(a)(1)(A)(ii).

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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 appeared.”

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The stipulation filed on August 13, 2021 is signed by all parties who have appeared in this case.

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Therefore, the parties’ stipulation is given full force and effect, and this case is dismissed with

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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:

August 16, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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