Roe v. Davey et al
Filing
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ORDER Regarding Stipulation for Voluntary Dismissal with Prejudice, signed by Magistrate Judge Barbara A. McAuliffe on 03/22/19. 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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MICHAEL MATHEW ROE,
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Plaintiff,
v.
DAVE DAVEY, et al.,
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Case No. 1:17-cv-01221-DAD-BAM (PC)
ORDER REGARDING STIPULATION FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE
(ECF No. 31)
Defendants.
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Plaintiff Michael Mathew Roe (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 21, 2019,
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defense counsel filed a stipulation for voluntary dismissal with prejudice pursuant to Federal Rule
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of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 31.) The stipulation is signed by Plaintiff and
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counsel for Defendant Gutierez, indicating that the case has been resolved in its entirety, should
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be dismissed with prejudice, and each side shall bear its own litigation costs and attorney’s fees.
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Accordingly, in light of the parties’ voluntary dismissal, this action is terminated by
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operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). Each party
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shall bear his or her own litigation costs and attorney’s fees. The Clerk of the Court is directed to
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close this case.
IT IS SO ORDERED.
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Dated:
/s/ Barbara
March 22, 2019
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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