Fernandez v. North Kern State Prison, et al.

Filing 32

ORDER Closing Case 31 as to Defendant Duncan Only; ORDER DIRECTING PLAINTIFF to File a Notification Whether He Will Proceed Against the Unserved Defendants; ORDER VACATING SETTLEMENT CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 2/15/2018. CASE CLOSED as to defendant E. DUNCAN. Status report/dismissal due by 3/2/2018. Settlement Conference set for 3/16/2018 is VACATED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES FERNANDEZ,

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Plaintiff,

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v.

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NORTH KERN STATE PRISON, et al.,

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Defendants.

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Case No.: 1:16-cv-01612 AWI JLT
ORDER CLOSING CASE AS TO DEFENDANT
DUNCAN ONLY; ORDER DIRECTING
PLAINTIFF TO FILE A NOTIFICATION
WHETHER HE WILL PROCEED AGAINST THE
UNSERVED DEFENDANTS; ORDER
VACATING SETTLEMENT CONFERENCE
(Doc. 31)

The parties filed a stipulation to dismiss defendant E. Duncan. (Doc. 31) The stipulation
does not seek to dismiss the action as to the remaining, unserved defendants.
The stipulation relies upon Fed.R.Civ.P. 41, which permits the plaintiff to dismiss an action

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

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

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signed the stipulation (Doc. 31), it “automatically terminate[d] the action.” Wilson v. City of San

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

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Accordingly, the Court ORDERS:

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Clerk of Court is DIRECTED to close this action as to defendant E. Duncan;

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2.

No later than March 2, 2018, the plaintiff SHALL file a report to the Court

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indicating whether he intends to proceed against the unserved defendants. Alternatively, he may file

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a voluntary notice of dismissal;
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3.

The settlement conference set on March 16, 2018 is VACATED.

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IT IS SO ORDERED.
Dated:

February 15, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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