Jacobs v. Hernandez et al
ORDER Closing Case in Light of Rule 41 Stipulation for Dismissal with Prejudice signed by District Judge Anthony W. Ishii on 07/19/2017. CASE CLOSED.(Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GEORGE E. JACOBS,
S. HERNANDEZ, et al.,
ORDER CLOSING CASE IN LIGHT OF RULE 41
STIPULATION FOR Y DISMISSAL WITH
(ECF No. 19.)
George E. Jacobs (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action brought pursuant to 42 U.S.C. § 1983. On April 28, 2016, Plaintiff filed the Complaint
commencing this case. (ECF No. 1.) The court screened the Complaint and issued an order on
June 17, 2016, requiring Plaintiff to either file an amended complaint or notify the court that he
wishes to proceed on the claims found cognizable by the court. (ECF No. 8.) On September 6,
2016, Plaintiff filed the First Amended Complaint. (ECF No. 14.)
On June 30, 2017, a stipulation for voluntary dismissal with prejudice under Rule 41
was filed with the Court, containing the signatures of Plaintiff and Counsel for specially-
appearing California Department of Corrections and Rehabilitation (CDCR) on behalf of the
non-served Defendants. (ECF No. 19.) Therefore, pursuant to Federal Rule of Civil Procedure
41(a)(1), this has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music v.
Lakewood Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing
Co., 193 F.3d 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th
Accordingly, IT IS HEREBY ORDERED that Clerk shall CLOSE this case in light of
the properly filed and signed Rule 41(a)(1)(A) Stipulation Of Dismissal With Prejudice.
IT IS SO ORDERED.
Dated: July 19, 2017
SENIOR DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?