Wilson v. Beard et al

Filing 69

ORDER signed by Magistrate Judge Allison Claire on 2/03/20 DISMISSING CASE pursuant to stipulation of dismissal 68 and FRCP 41(a). CASE CLOSED. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASPER F. WILSON,

Case No. 2:15-cv-01481-MCE-AC P

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Plaintiff, [PROPOSED] ORDER
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v.
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JEFFREY A. BEARD, et al.,

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Defendants.

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Plaintiff Jasper F. Wilson is appearing pro se in this civil-rights action pursuant to 42

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U.S.C. § 1983.
The parties filed a stipulation to dismiss this action with prejudice pursuant to Rule

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41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 68.)
Rule 41(a)(1)(A)(ii) provides, in pertinent part, that, “the 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.” A voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii)

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automatically terminates the action without operation of a court order. Black Rock City, LLC v.

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Pershing Cty. Bd. Of Comm’rs., 637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space

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Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999)).

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[Proposed] Order (2:15-cv-01481-MCE-AC P)

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In this case, Plaintiff and counsel for Defendants B. Parriott, D. Handy, D. Cuaron, and D.

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Johnson have signed and dated a stipulation to dismiss this action and filed it with the Court. In

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light of the 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). All pending deadlines

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are terminated. Each party is to bear its own litigation costs, fees, and expenses of any type,

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including attorney’s fees.

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The Clerk of the Court is hereby directed to close this case pursuant to the parties’
stipulation.
IT IS SO ORDERED.

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Dated: February 3, 2020

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[Proposed] Order (2:15-cv-01481-MCE-AC P)