(PC) Mitchell v. J Doe 5 ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN EDWARD MITCHELL, Case No. 1:18-cv-01083-JLT 12 Plaintiff, ORDER DIRECTING THE CLERK 13 v. OF COURT TO CLOSE CASE 14 J. DOE #5, et al., 15 Defendants. 16 17 The parties have filed a stipulation of dismissal with prejudice pursuant to Federal Rule of 18 Civil Procedure 41(a)(1). (Doc. 61.) The rule provides that a “plaintiff may dismiss an action 19 without a court order by filing … a stipulation of dismissal signed by all parties who have 20 appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Once a dismissal under Rule 41(a)(1) is properly filed, 21 no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. 22 See Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). 23 Accordingly, the Court directs the Clerk of the Court to terminate all pending motions and to 24 close this case. 25 IT IS SO ORDERED. 26 27 Dated: September 17, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 28