Opinion
No. C 03-00424 SI
October 2, 2003
ORDER OF DISMISSAL UPON SETTLEMENT
The parties to the action, by their counsel, have advised the court that they have agreed to a settlement.
IT IS HEREBY ORDERED that this matter is DISMISSED WITH PREJUDICE. However, that if any party hereto certifies to this court, with proof of service of a copy thereon on opposing counsel, within ninety days from the date hereof, that settlement has not in fact occurred, the foregoing order shall be vacated and this cause shall forthwith be restored to the calendar for further proceedings. Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
Decision by Court. This action came to trial or hearing before the Court. The issues have been — tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED this petition is DISMISSED without prejudice to petitioner's filing a new federal habeas petition once he has exhausted his state remedies by presenting his claims to the highest state court.