Castaneda v. Commissioner of Social Security

Filing 19

ORDER Vacating January 18, 2017 Hearing and Directing Clerk of the Court to Close this Action and Reflect Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 01/11/2017. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JANIE MONTOYA CASTANEDA,
Plaintiff,

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Case No. 1:16-cv-00676-SAB
ORDER VACATING JANUARY 18, 2017
HEARING AND DIRECTING CLERK OF
THE COURT TO CLOSE THIS ACTION
AND REFLECT VOLUNTARY DISMISSAL

v.
COMMISSIONER OF SOCIAL SECURITY,

(ECF Nos. 17, 18 )
Defendant.

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Plaintiff Janie Montoya Castaneda filed this action challenging the denial of Social

19 Security benefits on May 12, 2016. On December 20, 2016, Plaintiff’s counsel filed a motion to
20 withdraw as attorney of record. On December 21, 2016, an order issued setting the motion to
21 withdraw as attorney of record for hearing on January 18, 2017. On January 10, 2017, a notice
22 of withdrawal of the motion to withdraw as counsel was filed and a stipulation to dismiss this
23 action with prejudice with each party to bear its own fees, costs, and expenses. The Court notes
24 that the parties have enclosed an authorization to dismiss the action signed by the plaintiff. (ECF
25 No. 18 at 3.)
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In light of the stipulation of the parties, this action has been terminated. Fed. R. Civ. P.

27 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been
28 dismissed with prejudice and without an award of costs or attorneys’ fees.

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Accordingly, it is HEREBY ORDERED that:

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The January 18, 2017 hearing is VACATED;

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All other pending dates and matters in this action are VACATED; and

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The Clerk of the Court is DIRECTED to CLOSE the file in this case and adjust
the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).

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IT IS SO ORDERED.

8 Dated:

January 11, 2017
UNITED STATES MAGISTRATE JUDGE

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