Filed: Apr. 28, 2016
Latest Update: Apr. 28, 2016
Summary: ORDER GIVING FULL EFFECT TO STIPULATION TO DISMISS CASE, WITH PREJUDICE, UNDER RULE 41 (ECF No. 131.) ORDER FOR CLERK TO CLOSE CASE ERICA P. GROSJEAN , Magistrate Judge . Steven R. Edwards is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. 1983. The case proceeds with Plaintiff's original Complaint filed on March 11, 2013, against defendants R. Bratton (LVN) and D. Cabral (Psychiatric Technician) (collectively, "Defendants"), for inadequate
Summary: ORDER GIVING FULL EFFECT TO STIPULATION TO DISMISS CASE, WITH PREJUDICE, UNDER RULE 41 (ECF No. 131.) ORDER FOR CLERK TO CLOSE CASE ERICA P. GROSJEAN , Magistrate Judge . Steven R. Edwards is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. 1983. The case proceeds with Plaintiff's original Complaint filed on March 11, 2013, against defendants R. Bratton (LVN) and D. Cabral (Psychiatric Technician) (collectively, "Defendants"), for inadequate m..
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ORDER GIVING FULL EFFECT TO STIPULATION TO DISMISS CASE, WITH PREJUDICE, UNDER RULE 41 (ECF No. 131.)
ORDER FOR CLERK TO CLOSE CASE
ERICA P. GROSJEAN, Magistrate Judge.
Steven R. Edwards is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. The case proceeds with Plaintiff's original Complaint filed on March 11, 2013, against defendants R. Bratton (LVN) and D. Cabral (Psychiatric Technician) (collectively, "Defendants"), for inadequate medical care, in violation of the Eighth Amendment. (ECF No. 1.)1
The parties to this action have consented to the jurisdiction of a Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF Nos. 77, 83.) Therefore, Magistrate Judge Erica P. Grosjean shall conduct any and all proceedings in the case, including trial and entry of final judgment.
On April 26, 2016, a stipulation for voluntary dismissal with prejudice was filed with the Court, containing the signatures of Plaintiff and Counsel for Defendants Cabral, Bratton, Escoto, and Pascual. (ECF No. 131.) The stipulation states that Plaintiff Steven R. Edwards and Defendants Cabral, Bratton, Escoto, and Pascual have resolved this case in its entirety and therefore stipulate to a dismissal of this action with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows plaintiffs to "dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared." The stipulation filed on April 26, 2016 is signed by all parties who have appeared in this case. Therefore, the parties' stipulation is given full force and effect, and this case is dismissed with prejudice. The Clerk shall close the case.
Accordingly, IT IS HEREBY ORDERED that:
1. The parties' stipulation for voluntary dismissal of this action with prejudice is effective as of the date it was filed;
2. This case is DISMISSED WITH PREJUDICE; and
3. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
