Ortiz v. Garza

Filing 53

ORDER Closing Case, signed by Magistrate Judge Jennifer L. Thurston on 4/12/17. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 1:15-cv-01370 DAD JLT

JOSE A. ORTIZ,
Plaintiff,
vs.

ORDER CLOSING CASE
(Doc. 52)

B. GARZA,

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Defendant.

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The parties have filed as stipulation to dismiss this action with prejudice, with each party to

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bear their own attorney fees and costs. (Doc. 52) The stipulation relies on Fed. R. Civ.P. 41(a)(1)

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which provides, “the plaintiff may dismiss an action without a court order by filing: . . . a stipulation

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of dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice

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has been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P.

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41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court

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is DIRECTED to close this action in light of the stipulation signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

April 12, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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PROPOSED ORDER