Roe v. Davey et al

Filing 32

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MICHAEL MATHEW ROE, 9 10 11 Plaintiff, v. DAVE DAVEY, et al., 12 Case No. 1:17-cv-01221-DAD-BAM (PC) ORDER REGARDING STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE (ECF No. 31) Defendants. 13 14 Plaintiff Michael Mathew Roe (“Plaintiff”) is a state prisoner proceeding pro se and in 15 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 21, 2019, 16 defense counsel filed a stipulation for voluntary dismissal with prejudice pursuant to Federal Rule 17 of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 31.) The stipulation is signed by Plaintiff and 18 counsel for Defendant Gutierez, indicating that the case has been resolved in its entirety, should 19 be dismissed with prejudice, and each side shall bear its own litigation costs and attorney’s fees. 20 Accordingly, in light of the parties’ voluntary dismissal, this action is terminated by 21 operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). Each party 22 shall bear his or her own litigation costs and attorney’s fees. The Clerk of the Court is directed to 23 close this case. IT IS SO ORDERED. 24 25 Dated: /s/ Barbara March 22, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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