FILED NOT FOR PUBLICATION FEB 11 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MARY C. ENGEL, No. 06-16122 Plaintiff - Appellant, D.C. No. CV-03-02403-MCE/KJM v. ORDER MICHAEL BARRY; HAMMER, Deputy Sheriff; SOWLES, Deputy Sheriff; SCOTT SPARKS, Animal Control, County of Sacramento; COUNTY OF SACRAMENTO, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, District Judge, Presiding Argued and Submitted March 11, 2008 San Francisco, California Before: REINHARDT, HAWKINS * and FISHER, Circuit Judges.

The stipulated motion to dismiss with prejudice, filed January 29, 2010, is GRANTED. A certified copy of this order to the District Court shall constitute the mandate of this Court.

* Judge Hawkins was drawn to replace Judge Brunetti. He has read the briefs, reviewed the record and listed to the recording of oral argument.