Heckathorn v. Holland

Filing 69

ORDER DIRECTING the Clerk to Close the Action (Voluntary Dismissal),signed by Magistrate Judge Jennifer L. Thurston on 8/21/18. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSUHA HECKATHORN,

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Plaintiffs,
v.
KIM HOLLAND, et al.,

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Defendants.

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Case No.: 1:17-cv-1416-AWI- JLT
ORDER DIRECTING THE CLERK TO CLOSE
THE ACTION
(Doc. 68)

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Joshua Heckathorn, S. Zarris, R. Ruiz, J. Foster, B. Morse, P. Perez, and R. Ruvalcaba filed a

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stipulation to dismiss the action, noting “Plaintiff hereby voluntarily dismisses this lawsuit pursuant to

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii).” (Doc. 68 at 1) Pursuant to Rule 41, “the plaintiff

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may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties

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who have appeared.” Fed.R.Civ.P. 41(a)(1)(A)(ii).

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Because all remaining parties signed the stipulation, it “automatically terminate[d] the action.”

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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Thus, based

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upon the stipulation of the parties, the Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

August 21, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE