Rhodes v. City Of Fresno, et al.

Filing 26

ORDER Directing the Clerk of the Court to Close the Case, signed by Magistrate Judge Sheila K. Oberto on 9/10/18. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PERCY LEE RHODES,

12

Plaintiff,

13

v.

14

CITY OF FRESNO, et al.,

15

Defendants.

16

)
)
)
)
)
)
)
)
)
)

Case No. 1:18-cv-00013-SKO
ORDER DIRECTING THE CLERK OF THE
COURT TO CLOSE THE CASE
(Doc. 25)

17
18

On September 4, 2018, Plaintiff filed a “Stipulation of Dismissal Without Prejudice as to the

19

Defendants by Percy Lee Rhodes” (the “Stipulation”) seeking to dismiss this case without prejudice

20

pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). (Doc. 23.) Although the

21

Stipulation stated Defendants “agree and stipulate” to dismiss the case, the Stipulation was only signed

22

by Plaintiff and not signed by “all parties who have appeared” in the case as required by Rule

23

41(a)(1)(A)(ii).

24

On September 5, 2018, the Court entered an order directing Defendants to file a response to the

25

Stipulation. (Doc. 24.) On September 7, 2018, Defendants filed a “Fully Executed Stipulated

26

Dismissal” agreeing to Plaintiff’s request for dismissal of this case without prejudice, which was

27

signed by all parties who have appeared in the case. (Doc. 25.)

28
1

In light of parties’ fully-executed stipulation for dismissal, this action is terminated, see Fed. R.

1
2

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

3

dismissed without prejudice. Accordingly, the Clerk of the Court is directed to close this case.

4
5
6
7

IT IS SO ORDERED.
Dated:

September 10, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.