Goldstein v. Horsley et al

Filing 109

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 11/7/11. (lrc, COURT STAFF) (Filed on 11/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DARRYL LEE GOLDSTEIN,

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No. C 08-04840 SBA (PR)

Plaintiff,

ORDER DISMISSING ACTION WITH
PREJUDICE

v.
DON HORSLEY, et al.,

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Defendants.

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/

proceedings. On October 25, 2011, the parties appeared before Magistrate Judge Vadas for a

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For the Northern District of California

This case was referred to Magistrate Judge Nandor Vadas for court-ordered settlement

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United States District Court

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settlement conference. In his "Report of Pro Se Prisoner Early Settlement Proceeding" dated

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October 27, 2011, Magistrate Judge Vadas informed the Court that "[t]he case has been completely

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settled subject to Plaintiff signing Release." (Oct. 27, 2011 Report at 2.)

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On November 2, 2011, the Court received a copy of the "Stipulation of Dismissal With

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Prejudice Pursuant to F.R.C.P. 41(a)(1)" signed by both parties as well as a proposed order for the

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dismissal of this action. The signed stipulation states:

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IT IS HEREBY STIPULATED by and between the parties to this action, through
Defendants' designated counsel and Plaintiff, in pro per, that this entire action is
hereby DISMISSED WITH PREJUDICE pursuant to F.R.C.P. 41(a)(1). Each party
will bear their own costs and attorneys' fees. Plaintiff represents that he is a pro per
litigant entering into this Stipulation on his own free will.
(Stipulation at 1.)
Accordingly, having been notified of the settlement and it appearing that no issue remains for
the Court's determination,
IT IS HEREBY ORDERED THAT this action and all claims asserted herein against all

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named Defendants are DISMISSED WITH PREJUDICE. The Clerk of the Court shall terminate

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any pending motions (docket nos. 68, 81, 86, 87, 93, 94, 98) and close the file.

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IT IS SO ORDERED.
DATED:

11/7/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\CR.08\Goldstein4840.dismiss(SETTLED).wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
DARRYL LEE GOLDSTEIN,
Case Number: CV08-04840 SBA

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Plaintiff,
CERTIFICATE OF SERVICE
v.
DON HORSLEY et al,
Defendant.

/

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 9, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Darryl Lee Goldstein P-79097
California State Prison - Solano
2100 Peabody Rd.
Vacaville, CA 95696

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Dated: November 9, 2011
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\CR.08\Goldstein4840.dismiss(SETTLED).wpd

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