Smittle v. Nevada Department Of Corrections et al

Filing 54

ORDER Granting 53 Stipulation to Dismiss without prejudice. Signed by Judge Gloria M. Navarro on 8/5/2011. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 Julie Cavanaugh-Bill Nevada Bar No. 11533 CAVANAUGH-BILL LAW OFFICES, LLC 401 Railroad Street, Suite 307 Elko, Nevada 89801 Phone: (775)753-4357 Fax: (775)753-4360 Attorney for Plaintiff 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF NEVADA 8 THOMAS G. SMITTLE CASE NO.: 2:08-cv-00787-GMN-LRL 9 10 11 Plaintiff(s), STIPULATION AND ORDER TO DISMISS WITHOUT PREJUDICE vs. 12 NEVADA DEPARTMENT OF CORRECTIONS; WARDEN BRIAN WILLIAMS, 13 Defendant(s). ______________________________________ 14 IT IS HEREBY STIPULATED by and between TIMOTHY ANDREWS, Deputy 15 Attorney General for the Defendants herein, and JULIE CAVANAUGH-BILL, attorney for the 16 Plaintiff herein, that the above-referenced proceeding be dismissed without prejudice. This 17 stipulation is made due to the fact that the relief sought in this action is now moot as applies to the 18 Petitioner individually as he is no longer incarcerated. Wherefore the parties agree as follows: 19 1. The above-entitled action shall be dismissed without prejudice; and 20 2. The parties shall bear their own attorney fees and costs. 21 22 SO STIPULATED this __4th day of __August________, 2011. 23 24 CAVANAUGH-BILL LAW OFFICES, LLC 401 Railroad Street, Suite 307 Elko, Nevada 89801 25 OFFICE OF THE ATTORNEY GENERAL Grant Sawyer Bldg. 555 E. Washington Ave., Ste 3900 Las Vegas, Nevada 89101 26 27 28 By:_/s/ Julie Cavanaugh-Bill___________ Julie Cavanaugh-Bill Attorney & Counselor at Law Nevada Bar No. 11533 By:___/s/Timothy F. Andrews___________ Timothy F. Andrews Senior Deputy Attorney General Nevada Bar No. 8759 1 2 3 ORDER TO DISMISS WITHOUT PREJUDICE 4 Upon Stipulation by counsel for the parties hereto, and with good cause appearing: 5 IT IS HEREBY ORDERED that the above-referenced matter is dismissed without 6 7 prejudice. Dated this ______ day of __________________________, 2011. DATED this 5th day of August, 2011. 8 9 _______________________________________ ________________________________ 10 UNITED STATES DISTRICT COURT JUDGE Gloria M. Navarro United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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