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)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
TUE HUYNH,
Case No. 11-cv-06409-JST (PR)
Plaintiff,
8
v.
ORDER DISMISSING ACTION WITH
PREJUDICE
9
10
J. IPPOLITO,
Defendant.
United States District Court
Northern District of California
11
12
13
14
Plaintiff, a California prisoner proceeding pro se and currently incarcerated at California
15
State Prison–Los Angeles County, filed the instant civil rights action pursuant to 42 U.S.C. § 1983
16
alleging violation of his constitutional rights while incarcerated at Salinas Valley State Prison
17
("SVSP"). On May 9, 2013, the Court issued an Order Denying Defendant's Motion for Summary
18
Judgment.
19
On August 28, 2013, the Court received a copy of a "Stipulation for Voluntary Dismissal
20
with Prejudice" pursuant to Fed. R. Civ. P. 41(a)(1) signed by both parties as well as a proposed
21
order for the dismissal of this action. The signed stipulation states:
22
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).
23
24
Each party shall bear its own litigation costs and attorney's fees.
25
(Dkt. No. 45.)
26
Accordingly, having been notified of the settlement and it appearing that no issue remains
27
for this Court's determination,
28
1
2
3
4
5
6
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
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?