Wheeler v. Hodges

Filing 60

ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/2016 GRANTING plaintiff's 57 motion to voluntarily dismiss this action; and this action is DISMISSED with prejudice. 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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REGINALD WHEELER,

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No. 2:13-cv-2526 MCE KJN P

Plaintiff,
v.

ORDER

M HODGES, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, requested that this action be dismissed. On

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September 6, 2016, defendants were ordered to notify the court whether they objected to the

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dismissal of this action. On September 13, 2016, defendants responded that they do not object to

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the dismissal of the action, but based on the time and effort expended in defending this matter,

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asked the court to exercise its discretion and dismiss the action with prejudice.

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Rule 41(a)(2) provides:
Except as provided in Rule 41(a)(1), an action may be dismissed at
the plaintiff's request only by court order, on terms that the court
considers proper. . . . Unless the order states otherwise, a dismissal
under this paragraph (2) is without prejudice.

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Fed. R. Civ. P. 41(a)(2). Rule 41 vests the district court with discretion to dismiss an action at the

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plaintiff’s instance “upon such terms and conditions as the court deems proper.” Hargis v. Foster,

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312 F.3d 404, 412 (9th Cir. 2002)
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The undersigned reviewed plaintiff’s request, as well as the record in this 2013 case. In

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addition to the time and effort defendants expended in defending this case, the court has similarly

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expended significant time and effort, including the issuance of an 18 page ruling on defendants’

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motion for summary judgment, recommending that the motion be granted. Therefore, the court

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finds that it is proper to dismiss this action with prejudice.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to voluntarily dismiss this action (ECF No. 57) is granted; and

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2. This action is dismissed with prejudice.

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Dated: September 14, 2016

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/whee2526.59

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