(PC) Morgan v. Martinez ( 2020 )

1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 WAYNE DANIEL MORGAN, Case No. 1:18-cv-01047-LJO-BAM (PC) 6 Plaintiff, ORDER REGARDING STIPULATION OF VOLUNTARY DISMISSAL WITH 7 v. PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii) 8 M. G. MARTINEZ, (ECF No. 28) 9 Defendant. 10 11 On January 29, 2020, Plaintiff Wayne Daniel Morgan and Defendant M. G. Martinez filed 12 a stipulation to dismiss this entire action, with prejudice, pursuant to Federal Rule of Civil 13 Procedure 41(a)(1)(A)(ii). (ECF No. 28.) The stipulation further states that each party shall bear 14 its own litigation costs and attorney’s fees. 15 Rule 41(a)(1)(A)(ii) provides, in relevant part, that “the plaintiff may dismiss an action 16 without a court order by filing … a stipulation of dismissal signed by all parties who have 17 appeared.” In this case, since Plaintiff and Defendant’s counsel signed and dated the stipulation 18 of dismissal, the filing of the stipulation “automatically terminate[d] the action[.]” Wilson v. City 19 of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citations omitted). 20 Accordingly, this action is terminated by operation of law without further order from the 21 Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court is directed to close this case. 22 IT IS SO ORDERED. 23 24 Dated: January 30, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 25 26 27 28