(SS)Faulkenberry v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

HENRY EUGENE FAULKENBERRY, ) Case No.: 1:21-cv-0308 JLT )

Plaintiff, ) ORDER DIRECTING THE CLERK TO CLOSE ) THE ACTION v. )

COMMISSIONER OF SOCIAL SECURITY. ) (Doc. 13) )

Defendants. ) )

On October 28, 2021, Plaintiff filed a stipulation indicating all parties agreed that the above- captioned action is dismissed with prejudice, in its entirety. (Doc. 13.) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.” Because all parties who have appeared signed the stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based upon the stipulation of the parties, the Clerk of Court is DIRECTED to close this action.

IT IS SO ORDERED.

Dated: October 29, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE