(PC) Howell v. Burns

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KAREEM J. HOWELL, Case No. 1:19-cv-00568-NONE-JLT (PC) Plaintiff, ORDER DIRECTING THE CLERK OF

THE COURT TO CLOSE CASE v.

J. BURNS, et al.,

Defendants.

On January 25, 2021, Plaintiff filed a motion to voluntarily dismiss this action with prejudice. (Doc. 43.) On February 5, 2021, Defendants filed a statement of non-opposition to Plaintiff’s motion, with each side to bear its own costs. (Doc. 44.) The Court construes the parties’ filings as a stipulation of dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Accordingly, this action has terminated by operation of law, see Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999), and the Clerk of the Court is directed to terminate all pending motions and to close this case.

IT IS SO ORDERED.

Dated: February 6, 2021 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE