Rushdan v. Davey et al.

Filing 106

ORDER Giving Full Effect to Stipulation to Dismiss Case, with Prejudice, under Rule 41 signed by Magistrate Judge Gary S. Austin on 06/03/2021. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALADIN RUSHDAN aka
ROBERT STANLEY WOODS,
Plaintiff,

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vs.
D. DAVEY, et al.,

1:16-cv-00988-NONE-GSA-PC
ORDER GIVING FULL EFFECT TO
STIPULATION TO DISMISS CASE, WITH
PREJUDICE, UNDER RULE 41
(ECF No. 105.)
ORDER FOR CLERK TO CLOSE CASE

Defendants.

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Saladan Rushdan aka Robert Stanley Woods (“Plaintiff”) is a state prisoner proceeding

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

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Plaintiff’s Second Amended Complaint filed on March 9, 2018, against defendant Correctional

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Officer Casas (“Defendant”) for use of excessive force in violation of the Eighth Amendment

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and related state claims.1 (ECF No. 28.)

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On June 2, 2021, a stipulation for voluntary dismissal with prejudice was filed with the
Court containing the signatures of Plaintiff and Counsel for Defendant Casas. (ECF No. 105.)

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On October 22, 2018, the court issued an order dismissing all other claims and defendants from
this action, for violation of Rule 18 and failure to state a claim. (ECF No. 35.)

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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 June 2, 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:

June 3, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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