Larry v. Goodwin, et al.

Filing 33

ORDER Giving Full Effect to Stipulation for Voluntary Dismissal, With Prejudice, Under Rule 41 signed by Magistrate Judge Gary S. Austin on 11/26/2018. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JERALD MORRIS LARRY, 12 13 14 15 Plaintiff, vs. S. GOODWIN, et al., Defendants. 1:17-cv-00172-DAD-GSA-PC ORDER GIVING FULL EFFECT TO STIPULATION FOR VOLUNTARY DISMISSAL, WITH PREJUDICE, UNDER RULE 41 (ECF No. 32.) ORDER FOR CLERK TO CLOSE CASE 16 17 Jerald Morris Larry (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds with the 19 original Complaint filed by Plaintiff on February 8, 2017, against defendants Goodwin and 20 Reis on Plaintiff’s Eighth Amendment claims based upon alleged unconstitutional conditions of 21 confinement. (ECF No. 1.) 22 On November 16, 2018, a settlement conference was held before Magistrate Judge 23 Stanley A. Boone, and the case settled. (ECF No. 30.) On November 19, 2018, a stipulation 24 for voluntary dismissal with prejudice under Rule 41 was filed with the Court containing the 25 signatures of Plaintiff and Counsel for defendants Goodwin and Reis. (ECF No. 32.) 26 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows plaintiffs to “dismiss an action 27 without a court order by filing a stipulation of dismissal signed by all parties who have 28 appeared.” The stipulation filed on November 19, 2018, is signed by all parties who have 1 1 appeared in this case. Therefore, the parties’ stipulation is given full force and effect and this 2 case is therefore dismissed with prejudice. The Clerk shall close the case. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 The parties’ stipulation for voluntary dismissal of this action with prejudice is effective as of the date it was filed; 6 2. This case is DISMISSED WITH PREJUDICE under Rule 41; and 7 3. The Clerk of the Court is directed to close this case. 8 9 10 11 IT IS SO ORDERED. Dated: November 26, 2018 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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