Garcia v. Masiel et al

Filing 107

ORDER DISMISSING Action, With Prejudice, Pursuant To Fed. R. Civ. Proc. 41(a)(1)(A)(ii) (ECF No. 106 ), signed by Chief Judge Anthony W. Ishii on 11/6/2011. CASE CLOSED. (Fahrney, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ROBERT GARCIA, 10 11 12 CASE NO. 1:07-cv-01750-AWI-BAM PC Plaintiff, ORDER DISMISSING ACTION, WITH PREJUDICE, PURSUANT TO FED. R. CIV. PROC. 41(a)(1)(A)(ii) v. A. MASIEL, et al., (ECF No. 106) 13 Defendants. / 14 15 Plaintiff Robert Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the 17 complaint filed on December 3, 2007, against Defendant Ojeda for a violation of the Eighth 18 Amendment and Defendant Silva for violations of the First and Eighth Amendments and is set for 19 jury trial on November 15, 2011, before the Honorable Anthony W. Ishii. A settlement conference 20 was held before the Honorable Craig M. Kellison on October 27, 2011, and on November 11, 2011, 21 the parties submitted a stipulation to dismiss this action, with prejudice. 22 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) “the plaintiff may dismiss an 23 action without a court order by filing . . . a stipulation of dismissal signed by all parties who have 24 appeared.” The dismissal is without prejudice unless the stipulation states otherwise. Fed. R. Civ. 25 Proc. 41(a)(1)(B). The stipulation is signed by the parties and states the dismissal is with prejudice. 26 Accordingly, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), it is HEREBY 27 ORDERED that: 28 1. This action is DISMISSED, with prejudice; 1 1 2. 2 The telephonic trial confirmation hearing on December 19, 2011, at 3:00 p.m. and the trial on February 7, 2012, at 8:30 a.m. are VACATED; 3 3. All pending motions are terminated; and 4 4. The Clerk of the Court is directed to close this action. 5 IT IS SO ORDERED. 6 7 Dated: 0m8i78 November 6, 2011 CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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