Wiseman v. Biter et al
Filing
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ORDER Directing Clerk of Court to Terminate Action Pursuant to Parties' Stipulation for Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 03/29/2019. CASE CLOSED.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHESTER RAY WISEMAN,
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Plaintiff,
v.
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MARTIN D. BITER, et al.,
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Defendants.
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Case No.: 1:18-cv-00126-LJO-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
TERMINATE ACTION PURSUANT TO
PARTIES’ STIPULATION FOR VOLUNTARY
DISMISSAL
[ECF No. 55]
Plaintiff Chester Ray Wiseman is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On March 28, 2019, the parties filed a stipulation to dismiss this action with prejudice pursuant
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to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been resolved in its
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entirety. (ECF No. 22.)
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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
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voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the
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action without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs,
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637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074,
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1077 (9th Cir. 1999)). Here, Plaintiff and counsel for Defendants have signed and dated a stipulation
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to dismiss 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. There is no prevailing party in this action. All pending motions
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shall be terminated as rendered moot.
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IT IS SO ORDERED.
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Dated:
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March 29, 2019
UNITED STATES MAGISTRATE JUDGE
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