Lemus v. Sullivan et al

Filing 38

ORDER OF DISMISSAL. Signed by Judge Jon S. Tigar on April 2, 2014. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 4/3/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUAN CARLOS LEMUS,

Case No. 11-cv-01099-JST (PR)

Plaintiff,
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v.

ORDER OF DISMISSAL

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E. SULLIVAN, et al.,

Re: Dkt. Nos. 36, 37

United States District Court
Northern District of California

Defendants.
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On March 8, 2011, plaintiff, a California prisoner incarcerated at the Correctional Training

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Facility and proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. On August

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6, 2013, the Court screened plaintiff's second amended complaint and found he had stated a

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cognizable claim for deliberate indifference to serious medical needs as against the following

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defendants: Dr. E. Sullivan, Dr. J. Lee, RN A. Coleman, CMO D. Jacobsen, and B. Dixon. The

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Court dismissed without prejudice plaintiff's supervisorial liability claim against CDCR Director

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Matthew Cate on the ground that none of the allegations in the second amended complaint linked

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Cate to any of plaintiff's claims.

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On December 10, 2013, the Court dismissed without prejudice the claims against

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defendants Lee and Dixon on the ground that these two defendants remained unserved, and

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plaintiff had not been able to provide location information for these two defendants.

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Plaintiff and the remaining three defendants, Coleman, Jacobsen, and Sullivan, have since

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stipulated to a dismissal of this action with prejudice under Federal Rule of Civil Procedure

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41(a)(1). (See Dkt. Nos. 36, 37.) The parties agree to bear their own litigation costs and attorney's

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fees. (See id.)

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In accordance with the stipulations, and because all defendants have been terminated, this

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action is dismissed. The dismissal is with prejudice as to defendants Coleman, Jacobsen, and

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Sullivan. The dismissal remains without prejudice as to defendants Cate, Dixon, and Lee.

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The Clerk of the Court shall close the file and terminate all pending motions.

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IT IS SO ORDERED.

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Dated: April 2, 2014
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JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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