Bradford v. Sherman, et al.
Filing
51
ORDER Directing Clerk of Court to Close Case re 49 signed by Magistrate Judge Sheila K. Oberto on 10/22/2019. CASE CLOSED. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DWIGHT LARRY BRADFORD,
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1:17-cv-01601-LJO-SKO
Plaintiff,
v.
ORDER DIRECTING THE CLERK OF
COURT TO CLOSE CASE
SHERMAN, et al.,
(Doc. 49)
Defendants.
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On October 18, 2019, Plaintiff Dwight Larry Bradford filed the parties’ stipulation that
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this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure
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41(a)(1)(A)(ii). (Doc. 49.) Rule 41(a)(1)(A)(ii) provides that a “plaintiff may 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.” Once a voluntary dismissal under Rule 41(a)(1) is properly filed, no order of the court
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is necessary to effectuate dismissal; the dismissal is effective automatically. Commercial Space
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Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999).
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Because Plaintiff has filed a stipulation for dismissal of this case with prejudice under
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Rule 41(a)(1)(A)(ii), signed by all parties, this case has terminated. Accordingly, IT IS HEREBY
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ORDERED that the Clerk of Court close this case.
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IT IS SO ORDERED.
Dated:
October 22, 2019
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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