Jacobs v. Hernandez et al

Filing 20

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)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 GEORGE E. JACOBS, Plaintiff, 5 v. 6 7 S. HERNANDEZ, et al., 1:16-cv-00595-AWI-GSA-PC ORDER CLOSING CASE IN LIGHT OF RULE 41 STIPULATION FOR Y DISMISSAL WITH PREJUDICE (ECF No. 19.) Defendants. 8 9 10 George E. Jacobs (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 11 action brought pursuant to 42 U.S.C. § 1983. On April 28, 2016, Plaintiff filed the Complaint 12 commencing this case. (ECF No. 1.) The court screened the Complaint and issued an order on 13 June 17, 2016, requiring Plaintiff to either file an amended complaint or notify the court that he 14 wishes to proceed on the claims found cognizable by the court. (ECF No. 8.) On September 6, 15 2016, Plaintiff filed the First Amended Complaint. (ECF No. 14.) 16 On June 30, 2017, a stipulation for voluntary dismissal with prejudice under Rule 41 17 was filed with the Court, containing the signatures of Plaintiff and Counsel for specially- 18 appearing California Department of Corrections and Rehabilitation (CDCR) on behalf of the 19 non-served Defendants. (ECF No. 19.) Therefore, pursuant to Federal Rule of Civil Procedure 20 41(a)(1), this has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music v. 21 Lakewood Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing 22 Co., 193 F.3d 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th 23 Cir. 1997). 24 25 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. 26 27 Dated: July 19, 2017 SENIOR DISTRICT JUDGE 28 1

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