Washington v. Mohammed et al
Filing
111
ORDER signed by Magistrate Judge Craig M. Kellison on 07/11/18 ORDERING plaintiff's motion to dismiss defendant Martinez 110 is construed as a notice of voluntary dismissal. Good cause shown, defendant Martinez is dismissed from this action. The 06/18/18 findings and recommendations 109 are deemed moot and withdrawn. Based on the stipulation entered into by the remainder of the defendants, this action is dismissed in its entirety pursuant to FRCP 41(a). The clerk of the court is directed to close the case. CASE CLOSED. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN WASHINGTON,
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Plaintiff,
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No. 2:08-cv-0386-KJM-CMK-P
vs.
ORDER
SALEM MOHAMMED, et al.,
Defendants.
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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant
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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion to dismiss defendant
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Martinez (Doc. 110). The court construes this motion as a notice of voluntary dismissal of
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defendant Martinez. Good cause appearing therefor, this request will be granted. As plaintiff
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has voluntarily dismissed defendant Martinez, the June 18, 2018, findings and recommendation
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are moot and are withdrawn. Pursuant to plaintiff’s request, defendant Martinez will be
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dismissed from this action for good cause shown. See Fed. R. Civ. P. 41(a)(2).
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In addition, the remaining parties to this action participated in a settlement
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conference, wherein they entered into a settlement agreement. Pursuant to that settlement
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agreement, the parties filed a stipulation for voluntary dismissal (Doc. 108). Because the
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stipulation has been signed by all parties who have appeared, leave of court is not required and
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dismissal may be entered on the parties’ notice. See Fed. R. Civ. P. 41(a)(1)(A)(ii).
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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of voluntary dismissal;
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2.
Good cause shown, defendant Martinez is dismissed from this action
pursuant to Federal Rule of Civil Procedure 41(a)(2);
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Plaintiff’s motion to dismiss defendant Martinez is construed as a notice
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The June 18, 2018, findings and recommendation are deemed moot and
are withdrawn;
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4.
Based on the stipulation entered into by the remainder of the defendants,
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this action is dismissed in its entirety pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii);
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and
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5.
The Clerk of the Court is directed to close this case.
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DATED: July 11, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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