Fernandez v. North Kern State Prison, et al.

Filing 30

ORDER Closing Case as to Defendants Agbayani, Robles, Austria and Garcia ONLY re 29 , signed by Magistrate Judge Jennifer L. Thurston on 8/3/2017. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAMES FERNANDEZ,

12

Plaintiff,
v.

13
14

NORTH KERN STATE PRISON, et al.,

15

Defendants.

16

)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-01612 AWI JLT
ORDER CLOSING CASE AS TO DEFENDANTS
AGBAYANI, ROBLES, AUSTRIA AND GARCIA
ONLY
(Doc. 29)

17

On August 2, 2017, the parties filed a stipulation to dismiss defendants Agbayani, Robles,

18

Austria and Garcia. (Doc. 29) The stipulation does not seek to dismiss the action as to defendant

19

Duncan.
The stipulation relies upon Fed.R.Civ.P. 41, which permits the plaintiff to dismiss an action

20
21

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

22

appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the action

23

signed the stipulation (Doc. 79), it “automatically terminate[d] the action.” Wilson v. City of San

24

Jose, 111 F.3d 688, 692 (9th Cir. 1997).

25

///

26

///

27

///

28

///
1

1
2
3
4

Accordingly, the Clerk of Court is DIRECTED to close this action as to defendants
Agbayani, Robles, Austria and Garcia only in light of the notice of voluntary dismissal without
prejudice filed and properly signed pursuant to Rule 41(a). The case remains active as to defendant
Duncan on the first cause of action.

5
6
7
8

IT IS SO ORDERED.
Dated:

August 3, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2