Gutierrez v. Gutierrez

Filing 154

ORDER directing Clerk of Court to close case pursuant to parties' Stipulation for Voluntary Dismissal 153 signed by Magistrate Judge Stanley A. Boone on 11/29/2017. CASE CLOSE.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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G. J. GUTIERREZ,
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Plaintiff,
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v.
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A. GUTIERREZ,
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Defendant.
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Case No.: 1:13-cv-00421-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE PURSUANT TO PARTIES’
STIPULATION FOR VOLUNTARY DISMISSAL
(ECF No. 153)

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Plaintiff G. J. Gutierrez is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.

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On November 28, 2017, the parties filed a stipulation to dismiss this action with prejudice

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pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 153.) Plaintiff

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reserves the right to re-open this case if, within six months of the entry of this order, payment is not

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received pursuant to the parties’ agreement.

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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, counsel for all parties in this action have signed and dated a stipulation to

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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.
Dated:

November 29, 2017
UNITED STATES MAGISTRATE JUDGE

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