1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JAMES C. McCURDY, ) Case No.: 1:17-cv-01356-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) CLOSE CASE PURSUANT TO PARTIES’ ) STIPULATION FOR VOLUNTARY DISMISSAL 14 S. KERNAN, et al., ) 15 Defendants. ) (ECF No. 149) ) 16 )

17 Plaintiff James C. McCurdy is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to

. 19 On January 31, 2022, the parties filed a stipulation to dismiss this action with prejudice 20 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been resolved 21 in its entirety. (ECF No. 149.) 22 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without 23 a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A 24 voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the 25 action without operation of a court order.” Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 26

(9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co.,

, 27 1077 (9th Cir. 1999)). Here, Plaintiff and counsel for Defendant have signed and dated a stipulation to 28 dismiss this action, and filed it with the Court. 1 In light of parties’ stipulation for voluntary dismissal, this action is terminated by □□□□□□□□□ 2 || law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)Gi). Each party is to bear its ow 3 || litigation costs and attorney’s fees. The Clerk of the Court is directed to terminate all pending motio: 4 || and deadlines and close this action. 5 6 || IT IS SO ORDERED. A (Se _ 7 Dated: February 1, 2022 OF 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28