(PC) Hodge v. Santiesteban ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK A. HODGE, ) Case No.: 1:19-cv-00341-NONE-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) CLOSE ACTION PURSUANT TO THE PARTIES’ STIPLUATION TO VOLUNTARY DISMISS THE 14 C. SANTIESTEBAN, et.al., ) ACTION ) 15 Defendants. ) (ECF No. 43) ) 16 ) ) 17 ) 18 Plaintiff Mark A. Hodge is appearing pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On June 8, 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. 43.) 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 24 voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the 25 action without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 26 F. App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 27 (9th Cir. 1999)). In this case, Plaintiff and counsel for Defendants in this action have signed and dated 28 a stipulation to dismiss this action, with prejudice, and filed it with the Court. wOASe Leb SIT INN SPA MMU oe OO MIEN PAY ev 1 Accordingly, this action has been DISMISSED, WITH PREJUDICE, pursuant to the partie 2 || stipulation. The Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adju 3 || the docket to reflect the dismissal, with prejudice, pursuant to Rule 41(a)(1)(A)(ii). 4 5 || IT IS SO ORDERED. A (Fe 6 Dated: _ June 9, 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