Zaiza v. Guthrie, et al.

Filing 43

ORDER vacating Writ of Habeas Corpus Ad Testificandum 33 signed by Magistrate Judge Jennifer L. Thurston on 10/9/2018. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ROBERTO ZAIZA,

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Plaintiff,

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CASE No. 1:16-cv-01862-LJO-JLT (PC)
ORDER VACATING WRIT OF HABEAS
CORPUS AD TESTIFICANDUM

v.
(Doc. 33)
C. GUTHRIE, et al.,
CLERK OF COURT TO CLOSE CASE

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Defendants.

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The parties settled this action on September 5, 2018, during a settlement. (Doc. 40.) All dates,

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hearings, and conferences have been vacated, and the parties have now filed a stipulation for voluntary

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dismissal with prejudice. (Doc. 42.) The Federal Rules of Civil Procedure Rule 41 makes such

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stipulations effective immediately with further order of the Court. Because all parties who have appeared

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in the action signed the stipulation (Doc. 42), it “automatically terminate[d] the action.” Wilson v. City

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of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, The Court thus ORDERS:
1. The September 11, 2018, writ of habeas corpus ad testificandum for plaintiff’s appearance

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at the telephonic trial confirmation hearing (Doc. 33) is VACATED;

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2. The Clerk of Court is DIRECTED to close this action;

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3. The Clerk of Court shall provide via fax or email a copy of this order to the Litigation

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Coordinator at California State Prison in Corcoran, California.

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IT IS SO ORDERED.
Dated:

October 9, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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