Flynn v. Canlas, et al.
Filing
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ORDER Regarding Stipulation of Dismissal of Defendant N. Malakkla signed by Magistrate Judge Barbara A. McAuliffe on 5/23/2018. Defendant N. Malakkla terminated. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID FLYNN,
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Case No. 1:16-cv-01052-AWI-BAM (PC)
Plaintiff,
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v.
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CANLAS, et al.,
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ORDER REGARDING STIPULATION OF
DISMISSAL OF DEFENDANT N.
MALAKKLA
(ECF No. 36)
Defendants.
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Plaintiff David Flynn (“Plaintiff”) is a former state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On May 22, 2018, Defendants filed a stipulation of dismissal of Defendant N. Malakkla,
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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 36.) The stipulation
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provides that this action be dismissed, with prejudice, as to Defendant N. Malakkla, and indicates
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that each party shall bear its own attorney’s fees and costs. The stipulation is electronically
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signed by Plaintiff and counsel for Defendants.1
Accordingly, Defendant N. Malakkla is terminated from this action by operation of law
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without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii).
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IT IS SO ORDERED.
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Dated:
/s/ Barbara
May 23, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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The filing includes a stipulation authorizing the Office of the Attorney General to file the Stipulation of Dismissal
electronically and to enter an electronic signature on Plaintiff’s behalf.
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