Jarrard v. Solano County, et al.

Filing 55

ORDER signed by Magistrate Judge Dennis M. Cota on 4/26/21 ORDERING within 30 days of the date of this order, Plaintiff shall either: (1) file a proof of service indicating that he has returned the signed stipulation to Defendants counsel; or (2) independently file a notice of voluntary dismissal of this action pursuant to Fed. R. Civ. P. 41(a)(2).(Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JAMES JOSHUA JARRARD,

12

Plaintiff,

13
14

No. 2:16-CV-2838-JAM-JDP-P

v.

ORDER

ZACHARY SANDOVAL,

15

Defendant.

16
Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

17
18

U.S.C. § 1983. Good cause appearing therefor based on Defendant’s filings at ECF Nos. 50, 51,

19

and 52, the February 23, 2021, order to show cause is discharged and the hearing set for April 28,

20

2021, at 9:00 a.m., before the undersigned in Redding, California, is vacated.

21

A review of Defendant’s filings reflect that Plaintiff was provided a stipulation for

22

voluntary dismissal consistent with a settlement in this matter reached on October 26, 2020. See

23

ECF No. 52. Defendant’s counsel mailed the stipulation to Plaintiff on March 16, 2021, along

24

with a self-addressed stamped envelope for Plaintiff to return the signed document to Defendant’s

25

counsel who would then file it with the Court. To date, there is no indication that Plaintiff has

26

returned the signed stipulation to Defendant’s counsel, nor has the stipulation bee filed with the

27

Court.

28

///
1

1

Accordingly, within 30 days of the date of this order, Plaintiff shall either: (1) file

2

a proof of service indicating that he has returned the signed stipulation to Defendant’s counsel; or

3

(2) independently file a notice of voluntary dismissal of this action pursuant to Fed. R. Civ. P.

4

41(a)(2).

5

IT IS SO ORDERED.

6
7

Dated: April 26, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2