Brown v. Harris et al
Filing
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ORDER Directing Clerk of Court to Close Case and Vacate Trial Date Pursuant to Parties' Stipulation for Voluntary Dismissal signed by Magistrate Judge Barbara A. McAuliffe on 7/11/2017. CASE CLOSED. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CORNELL BROWN,
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Plaintiff,
v.
R. HARRIS,
Defendant.
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Case No.: 1:12-cv-01472-BAM (PC)
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE AND VACATE TRIAL DATE
PURSUANT TO PARTIES’ STIPULATION FOR
VOLUNTARY DISMISSAL
(ECF No. 126)
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Plaintiff Cornell Brown is a state prisoner proceeding in forma pauperis in this civil rights
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action pursuant to 42 U.S.C. § 1983. The parties have consented to magistrate judge jurisdiction
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pursuant to 28 U.S.C. § 636(c). (ECF Nos. 5, 83.) This action proceeds against Defendant Harris on
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Plaintiff’s claim of excessive force arising out of events on April 12, 2012.
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On July 7, 2017, the parties filed a stipulation to dismiss this action with prejudice pursuant to
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Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own litigation
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costs and attorney’s fees, and that there is no prevailing party in this action. (ECF No. 126.)
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Rule 41(a)(1)(A)(ii) provides in pertinent party that “the plaintiff may dismiss an action
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without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.”
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A voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates
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the 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)).
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Here, counsel for Plaintiff and counsel for the defendant have each signed and dated the abovediscussed stipulation to dismiss this action, and filed it with the Court.
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Accordingly, this action has been DISMISSED with prejudice pursuant to the parties’
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stipulation. The Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adjust
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the docket to reflect the dismissal pursuant to Rule 41(a)(1)(A)(ii). It is FURTHER ORDERED that
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the trial date of January 9, 2018, all pending deadlines and hearings, and all other matters in this action
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are VACATED.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
July 11, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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