West v. Hulbert

Filing 65

ORDER closing the action signed by Magistrate Judge Jennifer L. Thurston on 2/4/2019. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MACK A WEST, Jr.,
Plaintiff,

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v.

Case No. 1:16-cv-00046-DAD-JLT (PC)
ORDER CLOSING THE ACTION
(Docs. 62, 63)

HULBERT,
Defendant.

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The plaintiff agreed to dismiss the action as to all defendants except Hulbert and settled

18 the action as to this defendant. (Docs. 62, 63) Thus, the parties have stipulated to dismiss the action
19 with prejudice with each side to bear their own fees and costs. (Doc. 63) The stipulation relies
20 upon Fed.R.Civ.P. 41, which permits the plaintiff to dismiss an action without a court order “by
21 filing . . . a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P.
22 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation (Doc.
23 79), it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th
24 Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action.
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IT IS SO ORDERED.
Dated:

February 4, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE