McDougall
(PC) Gradford v. McDougall
Opinion
Trial Court Opinion
I. BACKGROUND
24 William J. Gradford (“Plaintiff”) is a former prisoner proceeding pro se and in forma 25 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On February 13, 2017, 26 Plaintiff filed the Complaint commencing this action. (ECF No. 1.) At the time of the events at 27 issue in this case Plaintiff was a pretrial detainee incarcerated at the Stanislaus County Public 28 Safety Center in Modesto, California. Before the case was closed Plaintiff proceeded with retaliation claims against defendants Deputy Tiexiera and Deputy McCarthy, in violation of the First Amendment. On May 1, 2019, the case was referred to Magistrate Judge Barbara A. McAuliffe for settlement proceedings scheduled for May 15, 2019. On May 7, 2019, before the settlement conference took place, the parties filed a stipulation for voluntary dismissal of this case, with prejudice. (ECF No. 87.) Thereafter, on May 8, 2019, the court dismissed the case with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), pursuant to the stipulation, and the case was closed. (ECF No. 88.) On May 10, 2019, the settlement conference was vacated from the…