Pouncil v. Sherman et al

Filing 40

ORDER Regarding Stipulation of Voluntary Dismissal with Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), signed by Magistrate Judge Barbara A. McAuliffe on 7/29/19. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MADERO POUNCIL,

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Plaintiff,
v.

Case No. 1:17-cv-00547-AWI-BAM (PC)
ORDER REGARDING STIPULATION OF
VOLUNTARY DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV. P.
41(a)(1)(A)(ii)

D. LOPEZ,
(ECF No. 39)
Defendant.

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Plaintiff Madero Pouncil is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983.

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Currently before the Court is a stipulation for voluntary dismissal with prejudice, filed on

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July 26, 2019. (ECF No. 39). The stipulation states that, since Plaintiff and Defendant Lopez have

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resolved this case in its entirety, the parties stipulate to a dismissal of this action, with prejudice,

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The stipulation is signed and dated by

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Plaintiff and counsel for Defendant Lopez, and indicates that each party shall bear its own litigation

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costs and attorney’s fees.

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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.” Wilson

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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 terminate all pending

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motions and deadlines and close this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 29, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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