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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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
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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

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Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a court

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order by filing: “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of

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dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has

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been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P.

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41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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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).

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IT IS SO ORDERED.
Dated:

December 19, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE