Li v. Johnson et al

Filing 14

ORDER DIRECTING Clerk of Court to Close Case, signed by Magistrate Judge Stanley A. Boone on 1/29/2016. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YIWU LI,
Petitioner,

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Case No. 1:15-cv-01574-SAB-HC
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE

v.
(ECF No. 13)

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JEH JOHNSON, et al.,
Respondents.

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Petitioner, represented by counsel, has filed a petition for writ of habeas corpus pursuant

18 to 28 U.S.C. § 2241. (ECF No. 3). Petitioner challenges his ongoing detention by U.S.
19 Immigration and Customs Enforcement (“ICE”), arguing that he has been detained past the six20 month presumptively reasonable period for removal and that his removal is not significantly
21 likely to occur in the reasonably foreseeable future. Petitioner and Respondents have consented
22 to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF Nos. 6, 10).
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On January 29, 2016, the parties filed a joint stipulation to dismiss this action as

24 Petitioner has been released on an order of supervision. (ECF No. 13). Pursuant to Rule
25 41(a)(1)(A) of the Federal Rules of Civil Procedure, “the plaintiff may dismiss an action without
26 a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.”
27 Voluntary dismissal under this rule requires no action on the part of the court and divests the
28 court of jurisdiction upon the filing of the notice of voluntary dismissal. See United States v. 475

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1 Martin Lane, 545 F.3d 1134, 1145 (9th Cir. 2008) (describing consequences of voluntary
2 dismissals pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)).
In this case, the parties’ joint stipulation of dismissal was effective upon filing and

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4 without a court order pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). For the sake of
5 clarity, in light of the joint stipulation of dismissal, IT IS HEREBY ORDERED that the Clerk of
6 the Court is DIRECTED to close the case.
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IT IS SO ORDERED.

9 Dated:

January 29, 2016
UNITED STATES MAGISTRATE JUDGE

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