(PC) Gibson v. Figueroa

United States District Court for the Eastern District of California

(PC) Gibson v. Figueroa

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD GIBSON, Case No. 1:19-cv-00533-DAD-JLT (PC)

12 Plaintiff, ORDER DIRECTING CLERK OF COURT 13 v. TO CLOSE THE CASE

14 J. FIGUEROA; S. SILVA, 15 Defendants. 16 17 The parties have filed a stipulation of voluntary dismissal with prejudice pursuant to 18 Federal Rule of Civil Procedure 41(a)(1). (Doc. 38.) The rule provides that a “plaintiff may 19 dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties 20 who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Once a dismissal under Rule 41(a)(1) is 21 properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective 22 automatically. See Com. Space Mgmt. Co. v. Boeing Co.,

193 F.3d 1074

, 1078 (9th Cir. 1999). 23 Accordingly, the Clerk of Court is DIRECTED to close the case. 24 IT IS SO ORDERED. 25 26 Dated: June 2, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 27

Reference

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