Flynn v. Canlas, et al.

Filing 37

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 DAVID FLYNN, 8 Case No. 1:16-cv-01052-AWI-BAM (PC) Plaintiff, 9 v. 10 CANLAS, et al., 11 ORDER REGARDING STIPULATION OF DISMISSAL OF DEFENDANT N. MALAKKLA (ECF No. 36) Defendants. 12 Plaintiff David Flynn (“Plaintiff”) is a former state prisoner proceeding pro se and in 13 14 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, 15 16 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 36.) The stipulation 17 provides that this action be dismissed, with prejudice, as to Defendant N. Malakkla, and indicates 18 that each party shall bear its own attorney’s fees and costs. The stipulation is electronically 19 signed by Plaintiff and counsel for Defendants.1 Accordingly, Defendant N. Malakkla is terminated from this action by operation of law 20 21 without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). 22 23 IT IS SO ORDERED. 24 Dated: /s/ Barbara May 23, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 25 26 27 1 28 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. 1

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