(PC) Blair v. Pantoja

United States District Court for the Eastern District of California

(PC) Blair v. Pantoja

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS QUINN BLAIR, JR., No. 1:23-cv-00574-KES-SAB (PC) 12 Plaintiff, ORDER TERMINATING ACTION PURSUANT TO PARTIES’ STIPULATION 13 v. FOR VOLUNTARY DISMISSAL 14 L. PANTOJA, (ECF No. 39) 15 Defendant. 16 17 18 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant 19 to

42 U.S.C. § 1983

. 20 On September 18, 2024, the parties filed a stipulation to dismiss this action with prejudice 21 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been 22 resolved in its entirety. (ECF No. 39.) 23 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action 24 without a court order by filing ... a stipulation of dismissal signed by all parties who have 25 appeared. A voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) 26 automatically terminates the action without operation of a court order.” Black Rock City, LLC v. 27 Pershing Cty. Bd. of Comm’rs,

637 F. App’x 488

(9th Cir. 2016) (citing Commercial Space 28 1 | Mgmt. Co. v. Boeing Co.,

193 F.3d 1074

, 1077 (9th Cir. 1999)). Here, Plaintiff and counsel for 2 | Defendants have signed and dated a stipulation to dismiss this action, and filed it with the Court. 3 In light of parties’ stipulation for voluntary dismissal, this action is terminated by 4 | operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)Gi). Each party 5 | is to bear its own litigation costs and attorney’s fees. The Clerk of the Court is directed to 6 | terminate all pending motions and deadlines and close this action. 7 8 IT IS SO ORDERED. DAM Le 9 | Dated: _September 19, 2024 _ 0 UNITED STATES MAGISTRATE JUDGE

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Reference

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