Rials v. Days et al

Filing 37

ORDER OF DISMISSAL. Signed by Judge Haywood S. Gilliam, Jr. on 6/15/2018. (ndrS, COURT STAFF) (Filed on 6/15/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES ALEXANDER RIALS, Plaintiff, 8 9 10 ORDER OF DISMISSAL v. A. DAYS, et al., Defendants. 11 United States District Court Northern District of California Case No. 17-cv-00467-HSG 12 13 Plaintiff, a California prisoner proceeding pro se and currently incarcerated at Salinas 14 Valley State Prison, filed the instant civil rights action pursuant to 42 U.S.C. § 1983. On April 2, 15 2018, the Court issued an order referring the matter for settlement proceedings before Magistrate 16 Judge Robert Illman. Dkt. No. 29. On June 13, 2018, Judge Illman reported that the matter had 17 “settled in full.” Dkt. No. 35. 18 On June 14, 2018, the Court received a copy of a “Stipulation for Voluntary Dismissal 19 with Prejudice” signed by both Plaintiff and counsel for Defendants. The signed stipulation states: 20 22 Plaintiff James Alexander Rials and Defendants Garcia, Cortina, Torres, Machuca, Days, Chin, and Castillo 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 Each party shall bear its own litigation costs and attorney’s fees. 24 It is so stipulated. 21 25 Dkt. No. 34. 26 Accordingly, having been notified of the settlement, 27 IT IS HEREBY ORDERED THAT this action and all claims asserted herein against 28 Defendants are DISMISSED WITH PREJUDICE. The Court will retain jurisdiction to enforce 1 the parties’ settlement. 2 The Clerk shall send a copy of this order to Judge Illman. 3 IT IS SO ORDERED. 4 5 6 Dated: 6/15/2018 ______________________________________ HAYWOOD S. GILLIAM, JR. 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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