Hardy v. Davis et al

Filing 161

ORDER DISMISSING CASE signed by Magistrate Judge Deborah Barnes on 1/11/22 pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KRISTIN HARDY,

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No. 2:13-cv-00726 JAM DB P

Plaintiff,
v.

ORDER

C. MORRIS, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §
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1983. On December 23, 2013, the court found service of the complaint appropriate for
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defendants C. Davis, C. Morris, and Zahniser. (ECF No. 12.) On September 15, 2015,
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defendants filed answer to the complaint. (ECF No. 55.) On May 19, 2017, the court granted in
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part defendants’ motion for summary judgements and dismissed all claims against defendant

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Davis and the Eighth Amendment claims against defendants Morris and Zahniser. (ECF No.
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118.) On December 30, 2021, a joint stipulation of voluntary dismissal of this action, signed by
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plaintiff and attorney for the defendants, was filed with this court. (ECF No. 159.)
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Under Rule 41(a)(1) of the Federal Rules of Civil Procedure, a plaintiff may voluntarily
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dismiss an action without a court order by stipulation of dismissal signed by all parties who have
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appeared. Unless the notice provided by the plaintiff states otherwise or plaintiff has previously
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dismissed a state or federal action based on this claim, such a dismissal would be without
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prejudice. Fed. R. Civ. P. 41(a)(1)(B). In the present case, the stipulation of dismissal specifies

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that the parties have stipulated to dismiss this action with prejudice. (ECF No. 159 at 1.)

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Accordingly, this case has been dismissed with prejudice by request of the plaintiff and
the Clerk of the Court shall close this case.

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Dated: January 11, 2022
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DB:14
DB/DB Prisoner Inbox/Civil Rights/R/hard0726.stip_dism

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