(PC) Montenegro v. Moore ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN MONTENEGRO, ) Case No.: 1:19-cv-00430-DAD-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) CLOSE ACTION PURSUANT TO PARTIES’ STIPULATION TO VOLUNTARILY DISMISS 14 DAVID MOORE, et.al., ) ) [ECF No. 37] 15 Defendants. ) ) 16 ) ) 17 ) 18 Plaintiff Juan Montenegro is appearing pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On May 20, 2020, the parties filed a stipulation to dismiss this action with prejudice pursuant to 21 Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 37.) 22 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without 23 a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A voluntary 24 stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action 25 without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 F. 26 App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 27 (9th Cir. 1999)). Here, counsel for all parties in this action have signed and dated a stipulation to dismiss 28 this action, and filed it with the Court. 2 LD VETO AEE YN MUO BO PI ete Yt eo 1 In light of parties’ stipulation for voluntary dismissal, this action is terminated by operation ot 2 || law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). Each party is to bear its ow 3 || litigation costs and attorney’s fees. 4 5 |/IT IS SO ORDERED. A (Fe _ ° || Dated: _May 21, 2020 OF 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28