Charles Windham v. Rodriguez et al

Filing 54

ORDER Directing Clerk of Court to Close Case Pursuant to Parties' Stipulation for Voluntary Dismissal 53 , signed by Magistrate Judge Stanley A. Boone on 1/25/2018. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES WINDHAM,

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Plaintiff,
v.
C. RODRIGUEZ,
Defendant.

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Case No.: 1:16-cv-00979-AWI-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE PURSUANT TO PARTIES’
STIPULATION FOR VOLUNTARY DISMISSAL
(ECF No. 53)

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Plaintiff Charles Windham is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983.
On December 25, 2017, the parties filed a stipulation to dismiss this action with prejudice
pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 53.)

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Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without

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a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A

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voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the

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action without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs,

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637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074,

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1077 (9th Cir. 1999)).

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In this case, Plaintiff and counsel for Defendant Rodriguez have signed and dated a stipulation
to dismiss this action, and filed it with the Court.
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In light of parties’ stipulation for voluntary dismissal, this action is terminated by operation of

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law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). All pending motions and

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deadlines are terminated. Each party is to bear its own litigation costs, fees, and expenses of any type,

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including attorney’s fees. There is no prevailing party in this action.

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IT IS SO ORDERED.
Dated:

January 25, 2018
UNITED STATES MAGISTRATE JUDGE

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