Harper v. California Prison Industry Authority et al

Filing 74

ORDER re Stipulation for Voluntary Dismissal With Prejudice signed by Magistrate Judge Erica P. Grosjean on 9/17/2019. Stipulation due within twenty-one (21) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON HARPER,

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Case No. 1:17-cv-01717-LJO-EPG (PC)

Plaintiff,

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v.

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ORDER RE: STIPULATION FOR
VOLUNTARILY DISMISSAL WITH
PREJUDICE

JEFF BLAZO,

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(ECF NO. 73)

Defendant.

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Jason Harper (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.
On September 16, 2019, the parties filed a document titled “Stipulation for Voluntary

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Dismissal With Prejudice (Fed. R. Civ. P. 41(a)(1)(A)(ii)).” (ECF No. 73). The document

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states that the parties “have resolved this case in its entirety,” and that they “stipulate to a

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dismissal of this action with prejudice under Federal Rule of Civil Procedure 41(a)(l)(A)(ii).”

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(Id. at 1). However, Plaintiff included the language “Without Prejudice/UCC 1308” with his

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signature. (Id. at 2).

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Given the language Plaintiff included with his signature, it is unclear if Plaintiff
intended to voluntarily dismiss this case with prejudice.
Accordingly, IT IS ORDERED that the parties have twenty-one days from the date of

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service of this order to re-file the stipulation without the additional language Plaintiff included

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with his signature. If Plaintiff will not agree to sign an updated stipulation without the

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additional language, each party may instead file a brief regarding the effect of the additional

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language on the stipulation.

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IT IS SO ORDERED.
Dated:

September 17, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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