Hearns v. Gonzales, et al.

Filing 72

ORDER re Stipulation for Voluntary Dismissal with Prejudice pursuant to FRCP 41(a)(1)(A)(ii); ORDER DIRECTING Clerk to Close File, signed by Magistrate Judge Gary S. Austin on 04/12/2021. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMAR R. HEARNS,

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Plaintiff,

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vs.
ROSA GONZALES, et al.,
Defendants.

1:17-cv-00038-AWI-GSA-PC
ORDER RE STIPULATION FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE UNDER RULE 41
(ECF No. 71.)
ORDER DIRECTING CLERK TO
CLOSE FILE

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Jamar R. Hearns (“Plaintiff”) is a former prisoner proceeding with counsel in this civil

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rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the First Amended

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Complaint filed by Plaintiff on February 9, 2018, against defendant Rosa Gonzales

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(“Defendant”) on Plaintiff’s claims for retaliation, violation of the Free Exercise Clause of the

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First Amendment, and violation of the Bane Act.1 (ECF No. 17.)

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On January 6, 2021, the parties filed a stipulation for voluntary dismissal with prejudice
under Rule 41 of the Federal Rules of Civil Procedure. (ECF No. 71.)

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Rule 41 provides, in part: “Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any

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applicable federal statute, the plaintiff may dismiss an action without a court order by filing (i) a

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notice of dismissal before the opposing party serves either an answer or a motion for summary

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judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared.” Fed. R.

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On April 16, 2018, the court issued an order dismissing all other claims and defendants from
this action. (ECF No. 21.)

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Civ. P. 41(a)(1)(A). Here, the parties have filed a stipulation of dismissal, signed by all parties

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who have appeared in this case, stipulating to the dismissal of this action with prejudice. (ECF

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No. 71.) Therefore, the stipulation is effective and this case is dismissed with prejudice.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The stipulation for voluntary dismissal of this case, signed by Plaintiff and counsel

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for defendant F. Padilla and filed on April 9, 2021, is effective as of the date it

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was filed;

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2.

This case is DISMISSED in its entirety with prejudice; and

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3.

The Clerk of the Court is DIRECTED to close the file in this case and adjust the

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docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

April 12, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE