REPORT AND RECOMMENDATION

MARY ALICE THEILER, Magistrate Judge.

This is a civil rights action proceeding under 42 U.S.C. § 1983. Plaintiff alleges in this action that Seattle Police Officer Bonesteel violated his Fourth Amendment rights when Officer Bonesteel used excessive force against plaintiff while effectuating his arrest in January 2015. (See Dkt. 11.) On March 18, 2019, the Court received from the parties a stipulation and proposed order for dismissal of all claims with prejudice. (Dkt. 29.) Plaintiff did not personally sign the stipulation. Rather, one of the attorneys representing Officer Bonesteel, Ann Trivett, signed the stipulation on plaintiff's behalf. (See id.)

In a declaration submitted in conjunction with the stipulation and proposed order for dismissal, Ms. Trivett explains that she received a voicemail from plaintiff on March 11, 2019 advising that he had decided not to pursue his lawsuit against Officer Bonesteel. (Dkt. 30, ¶ 4.) Ms. Trivett received another call from plaintiff on March 18, 2019 at which time plaintiff again advised her that he had decided not to pursue his lawsuit against Officer Bonesteel. (Id., ¶ 5.) Ms. Trivett suggested to plaintiff that the parties jointly file a stipulation and order for dismissal of all claims, which she had prepared in anticipation of plaintiff's call. (Id.) Ms. Trivett represents to the Court that she read the stipulation to plaintiff, and that plaintiff gave her express authority to sign and file the stipulation and order of dismissal with prejudice on his behalf. (Id.)

Based on the stipulation of the parties, this Court recommends that plaintiff Keenan Byrd's amended complaint against Seattle Police Officer Bonesteel (Dkt. 11), and this action, be dismissed with prejudice and without costs to any party. Because plaintiff has had no direct contact with the Court indicating his desire to dismiss this action, the Court deems it appropriate to give plaintiff an opportunity to file objections to this Report and Recommendation if, in fact, he wishes to proceed with this action. Any objections should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. Objections should be noted for consideration on the District Judge's motions calendar for the third Friday after they are filed. Responses to objections may be filed within fourteen (14) days after service of objections. If no timely objections are filed, the matter will be ready for consideration by the District Judge on May 3, 2019. A proposed Order accompanies this Report and Recommendation.

ORDER OF DISMISSAL

The Court, having reviewed plaintiff's amended complaint, the parties' stipulation for dismissal, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, and the remaining record, hereby finds and ORDERS as follows:

(1) The Report and Recommendation is approved and adopted;

(2) Plaintiff's amended complaint (Dkt. 11), and this action, are DISMISSED with prejudice and without costs to either party; and

(3) The Clerk is directed to send copies of this Order to plaintiff, to counsel for defendant, and to the Honorable Mary Alice Theiler.

JUDGMENT IN A CIVIL CASE

___ Jury Verdict. This action comes before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

X Decision by Court. This action came to consideration before the Court. The issues have been considered and a decision has been rendered.

THE COURT HAS ORDERED THAT

Plaintiff's amended complaint, and this action, are dismissed with prejudice and without costs to either party.