(PC) Howell v. Burns ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KAREEM J. HOWELL, Case No. 1:19-cv-00568-NONE-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE 13 v. 14 J. BURNS, et al., 15 Defendants. 16 17 On January 25, 2021, Plaintiff filed a motion to voluntarily dismiss this action with 18 prejudice. (Doc. 43.) On February 5, 2021, Defendants filed a statement of non-opposition to 19 Plaintiff’s motion, with each side to bear its own costs. (Doc. 44.) The Court construes the 20 parties’ filings as a stipulation of dismissal with prejudice pursuant to Federal Rule of Civil 21 Procedure 41(a)(1)(A)(ii). Accordingly, this action has terminated by operation of law, see 22 Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999), and the Clerk 23 of the Court is directed to terminate all pending motions and to close this case. 24 IT IS SO ORDERED. 25 Dated: February 6, 2021 /s/ Jennifer L. Thurston 26 UNITED STATES MAGISTRATE JUDGE 27