Dixon v. Allison et al

Filing 54

ORDER Directing Clerk of Court to Close Case Pursuant to Parties' Stipulation for Voluntary Dismissal, signed by Magistrate Judge Stanley A. Boone on 3/22/18. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICK DIXON,

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Plaintiff,

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v.
KATHLEEN ALLISON,

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Defendant.

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Case No.: 1:10:-cv-02365-DAD-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE PURSUANT TO PARTIES’
STIPULATION FOR VOLUNTARY DISMISSAL
[ECF No. 53]

Plaintiff Rick Dixon is appearing pro se and in this civil rights action pursuant to 42 U.S.C. §

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1983.

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On March 21, 2018, the parties filed a stipulation to dismiss this action with prejudice pursuant

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to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been resolved in its

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entirety. (ECF No. 53.)

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Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without

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a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A

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voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the

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action without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs,

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637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074,

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1077 (9th Cir. 1999)). Here, Plaintiff and counsel for Defendant Allison have signed and dated a

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stipulation to dismiss this action, and filed it with the Court.
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In light of parties’ stipulation for voluntary dismissal, this action is terminated by operation of

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law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). Each party is to bear its own

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litigation costs and attorney’s fees.

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IT IS SO ORDERED.

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Dated:

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March 22, 2018
UNITED STATES MAGISTRATE JUDGE

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