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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERALD MORRIS LARRY,

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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

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Jerald Morris Larry (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds with the

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original Complaint filed by Plaintiff on February 8, 2017, against defendants Goodwin and

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Reis on Plaintiff’s Eighth Amendment claims based upon alleged unconstitutional conditions of

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confinement. (ECF No. 1.)

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On November 16, 2018, a settlement conference was held before Magistrate Judge

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Stanley A. Boone, and the case settled. (ECF No. 30.) On November 19, 2018, a stipulation

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for voluntary dismissal with prejudice under Rule 41 was filed with the Court containing the

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signatures of Plaintiff and Counsel for defendants Goodwin and Reis. (ECF No. 32.)

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows plaintiffs to “dismiss an action

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without a court order by filing a stipulation of dismissal signed by all parties who have

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appeared.” The stipulation filed on November 19, 2018, is signed by all parties who have
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appeared in this case. Therefore, the parties’ stipulation is given full force and effect and this

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case is therefore dismissed with prejudice. The Clerk shall close the case.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The parties’ stipulation for voluntary dismissal of this action with prejudice is
effective as of the date it was filed;

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2.

This case is DISMISSED WITH PREJUDICE under Rule 41; and

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3.

The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

November 26, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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