Flynn v. Canlas, 1:16-cv-01052-AWI-BAM (PC). (2018)
Court: District Court, E.D. California
Number: infdco20180524964
Visitors: 43
Filed: May 23, 2018
Latest Update: May 23, 2018
Summary: ORDER REGARDING STIPULATION OF DISMISSAL OF DEFENDANT N. MALAKKLA (ECF No. 36) BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff David Flynn ("Plaintiff") is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On May 22, 2018, Defendants filed a stipulation of dismissal of Defendant N. Malakkla, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 36.) The stipulation provides that this action be
Summary: ORDER REGARDING STIPULATION OF DISMISSAL OF DEFENDANT N. MALAKKLA (ECF No. 36) BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff David Flynn ("Plaintiff") is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On May 22, 2018, Defendants filed a stipulation of dismissal of Defendant N. Malakkla, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 36.) The stipulation provides that this action be d..
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ORDER REGARDING STIPULATION OF DISMISSAL OF DEFENDANT N. MALAKKLA
(ECF No. 36)
BARBARA A. McAULIFFE, Magistrate Judge.
Plaintiff David Flynn ("Plaintiff") is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On May 22, 2018, Defendants filed a stipulation of dismissal of Defendant N. Malakkla, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 36.) The stipulation provides that this action be dismissed, with prejudice, as to Defendant N. Malakkla, and indicates that each party shall bear its own attorney's fees and costs. The stipulation is electronically signed by Plaintiff and counsel for Defendants.1
Accordingly, Defendant N. Malakkla is terminated from this action by operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii).
IT IS SO ORDERED.
FootNotes
1. The filing includes a stipulation authorizing the Office of the Attorney General to file the Stipulation of Dismissal electronically and to enter an electronic signature on Plaintiff's behalf.
Source: Leagle
