(PC) Matthews v. Ramos

• Court: District Court, E.D. California
• Decided: June 20, 2024
• Docket: 1:22-cv-01508
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GENE RAYMOND MATTHEWS, III No. 1:22-cv-01508-JLT-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE PURSUANT TO PARTIES’ 13 v. STIPULATION FOR VOLUNTARY 14 S. RAMOS, et al. DISMISSAL

15 Defendants. (ECF No. 55) 16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 17 U.S.C. § 1983. 18 On June 19, 2024, the parties filed a stipulation to dismiss this action with prejudice 19 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been 20 resolved in its entirety. (ECF No. 55.) 21 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action 22 without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. 23 A voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically 24 terminates the action without operation of a court order.” Black Rock City, LLC v. Pershing Cty. 25 Bd. of Comm’rs, 637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing 26 Co., 193 F.3d 1074, 1077 (9th Cir. 1999)). Here, Plaintiff and counsel for Defendants have signed 27 and dated a stipulation to dismiss this action, and filed it with the Court. 28 /// 1 In light of parties’ stipulation for voluntary dismissal, this action is terminated by operation 2 | of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)Gi). Each party is to bear 3 | its own litigation costs and attorney’s fees. The Clerk of the Court is directed to terminate all 4 | pending motions and deadlines and close this action. 5 6 | ITIS ORDERED. A (re 7 | pated: _ June 20, 2024 OF 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28