E.F. v. Delano Joint Union School District et al

Filing 44

ORDER DIRECTING THE CLERK TO CLOSE THE ACTION, signed by Magistrate Judge Jennifer L. Thurston on 12/19/2016. CASE CLOSED. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 E.F. BY AND THROUGH HER Guardian ad ) Case No.: 1:16-cv-01166 LJO JLT Litem, JOSEPH F. ETIENNE, ) ) ORDER DIRECTING THE CLERK TO CLOSE Plaintiff, ) THE ACTION ) v. ) DELANO JOINT UNION HIGH SCHOOL ) ) DISTRICT, et al., ) Defendants ) ) On December 15, 2016, the parties filed a stipulation to dismiss the action. (Doc. 43) Federal 19 Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a court 20 order by filing: “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of 21 dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has 22 been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 23 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 24 25 Accordingly, the Clerk of Court is DIRECTED to close this action in light of the notice of dismissal without prejudice filed and properly signed pursuant to Rule 41(a). 26 27 28 IT IS SO ORDERED. Dated: December 19, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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