Smith v. Hernandez et al
Filing
114
ORDER Regarding Stipulation of Voluntary Dismissal With Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) 113 , signed by Magistrate Judge Stanley A. Boone on 4/8/2019. (CASE CLOSED)(Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DELBERT J. SMITH,
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Plaintiff,
v.
Case No. 1:16-cv-01267-SAB (PC)
ORDER REGARDING STIPULATION OF
VOLUNTARY DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV. P.
41(a)(1)(A)(ii)
C. HERNANDEZ, et al.,
(ECF No. 113)
Defendants.
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Plaintiff Delbert J. Smith is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is a stipulation for voluntary dismissal with prejudice pursuant
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to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), filed on April 5, 2019. (ECF No. 113.) The
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stipulation states that, since this case has been resolved in its entirety, the parties stipulate to a
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dismissal of this action with prejudice. The stipulation also states that each party shall bear its
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own litigation costs and attorney’s fees. Finally, the stipulation is signed and dated by Plaintiff
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and counsel for all Defendants who have appeared in this action.
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“The plaintiff may dismiss some or all of the defendants, or some or all of his claims,
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through a Rule 41(a)(1) notice. The filing of a notice of voluntary dismissal with the court
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automatically terminates the action as to the defendants who are the subjects of the notice.”
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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citations omitted).
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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 take all upcoming
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trial and hearing dates off calendar, terminate all pending deadlines, and close this case.
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IT IS SO ORDERED.
Dated:
April 8, 2019
UNITED STATES MAGISTRATE JUDGE
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