E.F. v. Delano Joint Union School District et al
ORDER DIRECTING THE CLERK TO CLOSE THE ACTION, signed by Magistrate Judge Jennifer L. Thurston on 12/19/2016. CASE CLOSED. (Hall, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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
) THE ACTION
DELANO JOINT UNION HIGH SCHOOL )
DISTRICT, et al.,
On December 15, 2016, the parties filed a stipulation to dismiss the action. (Doc. 43) Federal
Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a court
order by filing: “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of
dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has
been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P.
41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
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).
IT IS SO ORDERED.
December 19, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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