Stewart v. Holland et al

Filing 78

Order Regarding Stipulation of Voluntary Dismissal with Prejudice pursuant to FRCP 41 77 , signed by Magistrate Judge Barbara A. McAuliffe on 4/18/2019. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRACY LEE STEWART,

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Plaintiff,
v.

Case No. 1:14-cv-00322-DAD-BAM (PC)
ORDER REGARDING STIPULATION OF
VOLUNTARY DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV. P.
41(a)(1)(A)(ii)

K. HOLLAND, et al.,
(ECF No. 77)
Defendants.

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Plaintiff Tracy Lee Stewart is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is a stipulation for voluntary dismissal with prejudice, filed on

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April 8, 2019. (ECF No. 77). The stipulation states that, since Plaintiff and Defendants Jose

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Serna, Terry Langhardt, and Scott Carey have resolved this case in its entirety, the parties

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stipulate to a dismissal of this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

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The stipulation also states that each party shall bear its own litigation costs and attorney’s fees.

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Finally, the stipulation is signed and dated by Plaintiff and counsel for all Defendants who have

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appeared in this action.

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“The plaintiff may dismiss some or all of the defendants, or some or all of his claims,

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through a Rule 41(a)(1) notice. The filing of a notice of voluntary dismissal with the court

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automatically terminates the action as to the defendants who are the subjects of the notice.”
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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citations omitted).
Accordingly, this action is terminated by operation of law without further order from the

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Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court is directed to terminate all pending

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motions and deadlines and close this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 18, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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