Spencer v. Sherman

Filing 34

ORDER DISMISSING CASE signed by Magistrate Judge Gary S. Austin on 01/31/2019. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD B. SPENCER,

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Plaintiff,
vs.
STU SHERMAN,

1:17-cv-00479-AWI-GSA-PC
ORDER RE DISMISSAL OF CASE
(ECF No. 33.)
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE

Defendant.

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Edward B. Spencer (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis with this civil rights action pursuant to 42 U.S.C. § 1983.

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On January 29, 2019, a settlement conference was held at the court before United States

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Magistrate Judge Jennifer L. Thurston, and this case settled. (ECF No. 32.) On January 30,

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2019, defense counsel filed a stipulation for voluntary dismissal of this action with prejudice

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under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), signed by Plaintiff, representing himself,

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and defense counsel, indicating that they have resolved this case in its entirety. (ECF No. 33.)

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The parties stipulated that each party shall bear its own litigation costs and attorney’s fees. (Id.)

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Rule 41(a)(1)(A)(ii) provides: “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 a

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stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii).

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This case now proceeds only against defendant S. Sherman, who has appeared in this

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action. Given that all parties who have appeared in this action signed the stipulation, this case is

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dismissed with prejudice under Rule 41(a)(1)(A)(ii), pursuant to the parties’ stipulation of

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voluntary dismissal filed in this case on January 31, 2019.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

This action is dismissed with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii), and each party shall bear its own litigation costs and

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attorney’s fees; and

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2.

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The Clerk of the Court is directed to vacate all pending dates, deadlines, and
hearings, and close this case.

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IT IS SO ORDERED.
Dated:

January 31, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE