Verduzco v. Gipson et al
Filing
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ORDER DIRECTING Clerk of Court to Close Case pursuant to Parties' Stipulation for Voluntary Dismissal, with Prejudice, signed by Magistrate Judge Stanley A. Boone on 11/14/2017.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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RICARDO VERDUZCO,
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Plaintiff,
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v.
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S. ROUSSEAU,
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Defendant.
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Case No.: 1:14-cv-01083-AWI-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE PURSUANT TO PARTIES’
STIPULATION FOR VOLUNTARY DISMISSAL,
WITH PREJUDICE
(ECF No. 36)
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Plaintiff Ricardo Verduzco is appearing pro se and in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s claim against Defendant Rousseau for
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a due process violation related to his disciplinary hearing, and for retaliation in violation of the First
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Amendment.
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On November 13, 2017, the parties filed a stipulation to dismiss this action, with prejudice,
pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 36.)
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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)). In this case, Plaintiff and counsel for the sole defendant in this action have
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signed and dated a stipulation to dismiss this action, with prejudice, 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, with prejudice, pursuant to Rule 41(a)(1)(A)(ii).
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IT IS SO ORDERED.
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Dated:
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November 14, 2017
UNITED STATES MAGISTRATE JUDGE
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