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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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

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