(PC) Martinez v. Davis ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD MARTINEZ, Case No. 1:19-cv-01733-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF 13 v. THE COURT TO CLOSE CASE 14 J. DAVIS, 15 Defendant. 16 17 The parties have filed a stipulation of dismissal with prejudice pursuant to Federal Rule of 18 Civil Procedure 41(a)(1). (Doc. 27.) 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 /// 24 /// 25 /// 26 /// 27 /// 1 Because the parties have filed a stipulation of dismissal, signed by all parties or their 2 counsel of record, this case has ended. Accordingly, the Court directs the Clerk of the Court to 3 close this case. 4 IT IS SO ORDERED. 5 6 Dated: November 3, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27