Cupp

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RONALD CUPP, Case No. 20-cv-03456-PJH Plaintiff,

v. ORDER OF DISMISSAL WITH

PREJUDICE

ANDREW SMITH, Re: Dkt. No. 143 Defendant.

13 Before the court is the parties’ stipulation to dismiss this lawsuit with prejudice under Federal Rule of Civil Procedure 41(a)(1)(ii). This case has been thoroughly litigated, and trial is set to begin in less than one week, on April 3, 2023. The sole remaining claim is brought under Title 42 U.S.C. § 1983 for alleged breach of plaintiff’s Fourth Amendment rights based on defendant Andrew Smith’s February 15, 2019, inspection/search of the property at 4640 Arlington Avenue in Santa Rosa, California. Plaintiff has made clear that the claim is against Smith in both his personal and official capacity. Dkt. 1, Dkt. 38 (SAC ¶ 8), Dkt. 129. In light of the parties’ agreement, the court ORDERS that this case is hereby DISMISSED WITH PREJUDICE as to all claims, causes of action, and parties, including…