(PC) Washington v. Mohamed et al, No. 2:2008cv00386 - Document 111 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Craig M. Kellison on 07/11/18 ORDERING plaintiff's motion to dismiss defendant Martinez 110 is construed as a notice of voluntary dismissal. Good cause shown, defendant Martinez is dismissed from this action. The 06/18/18 findings and recommendations 109 are deemed moot and withdrawn. Based on the stipulation entered into by the remainder of the defendants, this action is dismissed in its entirety pursuant to FRCP 41(a). The clerk of the court is directed to close the case. CASE CLOSED. (Plummer, M)
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(PC) Washington v. Mohamed et al Doc. 111 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WASHINGTON, 12 Plaintiff, 13 14 15 16 17 No. 2:08-cv-0386-KJM-CMK-P vs. ORDER SALEM MOHAMMED, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion to dismiss defendant 19 Martinez (Doc. 110). The court construes this motion as a notice of voluntary dismissal of 20 defendant Martinez. Good cause appearing therefor, this request will be granted. As plaintiff 21 has voluntarily dismissed defendant Martinez, the June 18, 2018, findings and recommendation 22 are moot and are withdrawn. Pursuant to plaintiff’s request, defendant Martinez will be 23 dismissed from this action for good cause shown. See Fed. R. Civ. P. 41(a)(2). 24 In addition, the remaining parties to this action participated in a settlement 25 conference, wherein they entered into a settlement agreement. Pursuant to that settlement 26 agreement, the parties filed a stipulation for voluntary dismissal (Doc. 108). Because the 1 Dockets.Justia.com 1 stipulation has been signed by all parties who have appeared, leave of court is not required and 2 dismissal may be entered on the parties’ notice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 of voluntary dismissal; 6 7 2. Good cause shown, defendant Martinez is dismissed from this action pursuant to Federal Rule of Civil Procedure 41(a)(2); 8 9 Plaintiff’s motion to dismiss defendant Martinez is construed as a notice 3. The June 18, 2018, findings and recommendation are deemed moot and are withdrawn; 10 4. Based on the stipulation entered into by the remainder of the defendants, 11 this action is dismissed in its entirety pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii); 12 and 13 5. The Clerk of the Court is directed to close this case. 14 15 16 17 DATED: July 11, 2018 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 2