Keller v. N.K.S.P.

Filing 84

ORDER re Stipulation for Voluntary Dismissal of Action With Prejudice signed by Magistrate Judge Erica P. Grosjean on 2/9/2018. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 XAVIER BECERRA, State Bar No. 118517 Attorney General of California CHRISTOPHER J. BECKER, State Bar No. 230529 Supervising Deputy Attorney General DIANA ESQUIVEL, State Bar No. 202954 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-7320 Facsimile: (916) 324-5205 E-mail: Diana.Esquivel@doj.ca.gov 7 8 Attorneys for Defendants Office of Correctional Safety, Garrett, and West 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 JOHN KELLER, No. 1:16-cv-00613 AWI-EPG (PC) 14 15 v. 16 17 Plaintiff, STIPULATION FOR VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE AND ORDER [Fed. R. Civ. P. 41(a)(1)(A)(ii)] N.K.S.P., et al., Action Filed: May 2, 2016 18 Defendants. 19 20 21 Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff John Keller, by and through 22 his appointed pro bono attorney, and Defendants Office of Correctional Safety, Garrett, and West, 23 by and through their attorneys of record, stipulate to the voluntary dismissal of this action with 24 prejudice. 25 /// 26 /// 27 /// 28 /// 1 1 Each party is to bear his own costs, attorney’s fees, and expenses. 2 IT IS SO STIPULATED. 3 4 Dated: November 16, 2017 Respectfully submitted, 5 XAVIER BECERRA Attorney General of California CHRISTOPHER J. BECKER Supervising Deputy Attorney General 6 7 8 /s/ Diana Esquivel 9 DIANA ESQUIVEL Deputy Attorney General Attorneys for Defendants 10 11 12 Dated: November 16, 2017 ROGERS JOSEPH O’DONNELL 13 /s/ E. Jacob Lubarsky 14 E. JACOB LUBARSKY Attorneys for Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 ORDER 2 The parties filed a stipulation to dismiss this action with prejudice. All parties have agreed 3 to the dismissal. In light of the stipulation, the case has ended, see Fed. R. Civ. P. 41(a)(1)(A)(ii); 4 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and is dismissed with prejudice. 5 Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has filed a motion 6 to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of dismissal under 7 Rule 41(a)(1).”). Accordingly, the Clerk of the Court is DIRECTED to close this case. 8 9 10 IT IS SO ORDERED. Dated: February 9, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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