(PC) Gibson v. Figueroa

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

REGINALD GIBSON, Case No. 1:19-cv-00533-DAD-JLT (PC) Plaintiff,

ORDER DIRECTING CLERK OF COURT v. TO CLOSE THE CASE

J. FIGUEROA; S. SILVA,

Defendants.

The parties have filed a stipulation of voluntary dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). (Doc. 38.) The rule provides that a “plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Once a dismissal under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. See Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). Accordingly, the Clerk of Court is DIRECTED to close the case.

IT IS SO ORDERED.

Dated: June 2, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE