McCoy v. Stratton et al

Filing 97

ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2018 DISMISSING this action with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVON E. McCOY,

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Plaintiff,

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No. 2:12-cv-1137 WBS DB

v.

ORDER

J. STRATTON, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. A telephonic settlement conference was held on October 31, 2017. After

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negotiations the parties resolved this case in its entirety. Pursuant to the settlement agreement the

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plaintiff and remaining defendants,1 Barnes, Dingfelder, Epp, Hughes, Sweeney, and Stratton,

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stipulated that this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(ii).

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Defendant Grinde was previously dismissed from this action. Grinde was only named as a
defendant in plaintiff’s deliberate indifference claim, which was dismissed by the court. See ECF
No. 43 at 13 (recommending defendant’s summary judgment motion be granted on plaintiff’s
deliberate indifference claim) and ECF No. 44 (adopting the findings and recommendations in
full).
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Accordingly, IT IS HEREBY ORDERED that this action is dismissed with prejudice

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pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii).

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Dated: February 7, 2018

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DLB:12
DLB:1/Orders/Prisoner-Civil Rights/mcco1137.59c

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