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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 DARRYL LEE GOLDSTEIN, 4 5 6 No. C 08-04840 SBA (PR) Plaintiff, ORDER DISMISSING ACTION WITH PREJUDICE v. DON HORSLEY, et al., 7 Defendants. 8 / proceedings. On October 25, 2011, the parties appeared before Magistrate Judge Vadas for a 11 For the Northern District of California This case was referred to Magistrate Judge Nandor Vadas for court-ordered settlement 10 United States District Court 9 settlement conference. In his "Report of Pro Se Prisoner Early Settlement Proceeding" dated 12 October 27, 2011, Magistrate Judge Vadas informed the Court that "[t]he case has been completely 13 settled subject to Plaintiff signing Release." (Oct. 27, 2011 Report at 2.) 14 On November 2, 2011, the Court received a copy of the "Stipulation of Dismissal With 15 Prejudice Pursuant to F.R.C.P. 41(a)(1)" signed by both parties as well as a proposed order for the 16 dismissal of this action. The signed stipulation states: 17 18 19 20 21 22 23 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 24 named Defendants are DISMISSED WITH PREJUDICE. The Clerk of the Court shall terminate 25 any pending motions (docket nos. 68, 81, 86, 87, 93, 94, 98) and close the file. 26 27 IT IS SO ORDERED. DATED: 11/7/11 SAUNDRA BROWN ARMSTRONG United States District Judge 28 G:\PRO-SE\SBA\CR.08\Goldstein4840.dismiss(SETTLED).wpd 1 2 3 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DARRYL LEE GOLDSTEIN, Case Number: CV08-04840 SBA 5 6 7 8 Plaintiff, CERTIFICATE OF SERVICE v. DON HORSLEY et al, Defendant. / 9 11 For the Northern District of California United States District Court 10 12 13 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. 14 15 16 17 Darryl Lee Goldstein P-79097 California State Prison - Solano 2100 Peabody Rd. Vacaville, CA 95696 18 19 Dated: November 9, 2011 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.08\Goldstein4840.dismiss(SETTLED).wpd 2

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