Cavanaugh v. Youngblood et al

Filing 99

ORDER Closing the Action pursuant to FRCP 41(a)(1)(A)(ii) signed by Magistrate Judge Jennifer L. Thurston on 09/17/2019. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICK J. CAVANAUGH,
Plaintiffs,

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v.
DONNY YOUNGBLOOD, et al.,
Defendants.

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) Case No.: 1:17-cv-0832- LJO - JLT
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) ORDER CLOSING THE ACTION
) (Doc. 98)
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The parties have stipulated to dismiss the action with each side to bear their own fees and

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costs. (Doc. 98) Federal Rules of Civil Procedure Rule 41 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 appeared.”

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

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stipulation (Doc. 79), it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d

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688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

September 17, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE