Handian v. Shepard et al

Filing 34

ORDER DISCHARGING Order to Show Cause and Dismissing Action Pursuant to Notice of Voluntary Dismissal, signed by Magistrate Judge Stanley A. Boone on 02/06/2024. CASE CLOSED.(Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HAROUT HANDIAN, 12 13 14 15 Plaintiff, v. MARK SCOTT SHEPARD, et al., Case No. 1:22-cv-01280-SAB ORDER DISCHARGING ORDER TO SHOW CAUSE AND DISMISSING ACTION PURSUANT TO NOTICE OF VOLUNTARY DISMISSAL (ECF Nos. 32, 33) Defendants. 16 17 18 On January 25, 2024, Plaintiff filed a notice of settlement of this action and requested that 19 the Court grant Plaintiff until February 1, 2024 to file dispositional documents. (ECF No. 30.) 20 The Court found good cause to set the deadline on February 1, 2024, as requested. (ECF No. 31.) 21 On February 5, 2024, the Court issued an order to show cause as neither dispositional documents, 22 nor a request for extension, was filed by the deadline. (ECF No. 32.) On February 6, 2024, a 23 stipulation of dismissal was filed pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil 24 Procedure. (ECF No. 33.) 25 While no party has provided a response to the order to show cause, the Court shall 26 discharge the order to show cause in light of the filed stipulation of dismissal. However, in most 27 cases, the Court would not discharge an order to show cause until the parties have shown cause in 28 writing why sanctions should not issue. 1 1 In the February 6, 2024 stipulation of dismissal, the parties agree to dismiss all claims and 2 causes of action with prejudice, and with the parties to bear their own costs and attorneys’ fees. 3 In light of the filing, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. 4 City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been dismissed with prejudice and 5 without an award of costs or attorneys’ fees. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. 8 The order to show cause issued on February 5, 2024 (ECF No. 32), is DISCHARGED; and 9 3. 10 The Clerk of the Court is DIRECTED to CLOSE the file in this case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 11 12 13 IT IS SO ORDERED. Dated: February 6, 2024 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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