Pina v. Kernan et al

Filing 52

ORDER DIRECTING Clerk of Court to CLOSE Action Pursuant to Parties' Stipulation for Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 5/21/2020. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO P. PINA,

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Plaintiff,

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v.
SCOTT KERNAN, et al.,

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Defendants.

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ORDER DIRECTING CLERK OF COURT TO
CLOSE ACTION PURSUANT TO PARTIES’
STIPULATION FOR VOLUNTARY DISMISSAL
[ECF No. 51]

pursuant to 42 U.S.C. § 1983.
On May 20, 2020, the parties filed a stipulation to dismiss this action with prejudice pursuant to

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Case No.: 1:17-cv-01681-DAD-SAB (PC)

Plaintiff Pablo P. Pina is appearing pro se and in forma pauperis in this civil rights action

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Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 51.)

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Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without

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a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A voluntary

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stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action

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without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 F.

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App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077

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(9th Cir. 1999)). Here, counsel for all parties in this action have signed and dated a stipulation to dismiss

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this action, and filed it with the Court.

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In light of parties’ stipulation for voluntary dismissal, this action is terminated by operation of

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law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). Each party is to bear its own

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litigation costs and attorney’s fees.

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IT IS SO ORDERED.
Dated:

May 21, 2020
UNITED STATES MAGISTRATE JUDGE

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