Burell v. Lozovoy et al

Filing 51

ORDER Regarding Stipulation for Voluntary Dismissal With Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) 50 , signed by Magistrate Judge Stanley A. Boone on 4/9/2019. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGEE BURRELL,

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Plaintiff,

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v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,

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Case No. 1:16-cv-01118-AWI-SAB (PC)
ORDER REGARDING STIPULATION FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV. P.
41(a)(1)(A)(ii)
(ECF No. 50)

Defendant.

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On March 27, 2019, Plaintiff Angee Burrell and Defendant California Department of

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Corrections and Rehabilitation filed a stipulation to dismiss this action with prejudice pursuant to

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii), since this case has been resolved in its entirety.

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(ECF No. 50.)
Rule 41(a)(1)(A)(ii) provides, in relevant part, that “the plaintiff may dismiss an action

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without a court order by filing … a stipulation of dismissal signed by all parties who have

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appeared.” In this case, since all parties signed and dated the stipulation of dismissal, the filing of

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the stipulation “automatically terminate[d] the action[.]” Wilson v. City of San Jose, 111 F.3d

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688, 692 (9th Cir. 1997) (citations omitted).

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//

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Accordingly, this action is terminated by operation of law without further order from the

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Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court is directed to terminate all pending

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motions and deadlines and close this case.

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IT IS SO ORDERED.
Dated:

April 9, 2019
UNITED STATES MAGISTRATE JUDGE

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