(PC) Brummett v. Michaud ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN RAY BRUMMETT, JR., ) Case No.: 1:19-cv-00906-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) CLOSE CASE PURSUANT TO PARTIES’ STIPULATION FOR VOLUNTARY DISMISSAL 14 S. MICHAUD, ) ) [ECF No. 20] 15 Defendant. ) ) 16 ) ) 17 ) 18 Plaintiff Melvin Ray Brummett, Jr. is appearing pro se and in forma pauperis in this civil 19 rights action pursuant to 42 U.S.C. § 1983. 20 On January 8, 2020, the parties filed a stipulation to dismiss this action with prejudice pursuant 21 to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been resolved in its 22 entirety. (ECF No. 27.) 23 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without 24 a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A 25 voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the 26 action without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 27 637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 28 /// 1 || 1077 (9th Cir. 1999)). Here, Plaintiff and counsel for Defendant have signed and dated a stipulation t 2 || dismiss this action and filed it with the Court. 3 In light of parties’ stipulation for voluntary dismissal, this action is terminated by operation ot 4 || law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)Gi). Each party is to bear its ow 5 || litigation costs and attorney’s fees. 6 7 IT IS SO ORDERED. Al (re 8 Dated: _ January 9, 2020 OF 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28