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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE E. JACOBS,
Plaintiff,

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v.

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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.

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George E. Jacobs (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. On April 28, 2016, Plaintiff filed the Complaint

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commencing this case. (ECF No. 1.) The court screened the Complaint and issued an order on

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June 17, 2016, requiring Plaintiff to either file an amended complaint or notify the court that he

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wishes to proceed on the claims found cognizable by the court. (ECF No. 8.) On September 6,

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2016, Plaintiff filed the First Amended Complaint. (ECF No. 14.)

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On June 30, 2017, a stipulation for voluntary dismissal with prejudice under Rule 41

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was filed with the Court, containing the signatures of Plaintiff and Counsel for specially-

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appearing California Department of Corrections and Rehabilitation (CDCR) on behalf of the

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non-served Defendants. (ECF No. 19.) Therefore, pursuant to Federal Rule of Civil Procedure

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41(a)(1), this has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music v.

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Lakewood Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing

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Co., 193 F.3d 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th

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Cir. 1997).

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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.

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Dated: July 19, 2017
SENIOR DISTRICT JUDGE

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