Huynh v. Ippolite

Filing 47

ORDER DISMISSING ACTION WITH PREJUDICE. Signed by Judge Jon S. Tigar on September 17, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 9/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TUE HUYNH,

Case No. 11-cv-06409-JST (PR)

Plaintiff,
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v.

ORDER DISMISSING ACTION WITH
PREJUDICE

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J. IPPOLITO,
Defendant.

United States District Court
Northern District of California

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Plaintiff, a California prisoner proceeding pro se and currently incarcerated at California

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State Prison–Los Angeles County, filed the instant civil rights action pursuant to 42 U.S.C. § 1983

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alleging violation of his constitutional rights while incarcerated at Salinas Valley State Prison

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("SVSP"). On May 9, 2013, the Court issued an Order Denying Defendant's Motion for Summary

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Judgment.

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On August 28, 2013, the Court received a copy of a "Stipulation for Voluntary Dismissal

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with Prejudice" pursuant to Fed. R. Civ. P. 41(a)(1) signed by both parties as well as a proposed

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order for the dismissal of this action. The signed stipulation states:

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Plaintiff Tue Huynh and Defendant J. Ippolito have resolved this
case in its entirety. Therefore, the parties stipulate to a dismissal of
this action with prejudice under Federal Rule of Civil Procedure
41(a)(1)(A)(ii).

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Each party shall bear its own litigation costs and attorney's fees.

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(Dkt. No. 45.)
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Accordingly, having been notified of the settlement and it appearing that no issue remains
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for this Court's determination,
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IT IS HEREBY ORDERED THAT this action and all claims asserted herein against
defendant are DISMISSED WITH PREJUDICE. The Clerk shall close the file.
IT IS SO ORDERED.
Dated: September 17, 2013
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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