(PC) Gardner v. Newsom ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONDEL DELBERT GARDNER, ) Case No.: 1:20-cv-00240-NONE-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING THE CLERK OF COURT TO 13 v. ) CLOSE THIS ACTION PURSUANT TO THE PARTIES’ STIPULATION FOR VOLUNTARY 14 GAVIN NEWSOM, et.al., ) DISMISSAL ) 15 Defendants. ) (ECF No. 82) ) 16 ) 17 Plaintiff Rondel Delbert Gardner is proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. 19 On April 12, 2021, the parties filed a stipulation to dismiss this action with prejudice pursuant 20 to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 82.) 21 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without 22 a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A voluntary 23 stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action 24 without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 F. 25 App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 26 (9th Cir. 1999)). Here, Plaintiff and counsel for the sole defendant in this action have signed and dated 27 a stipulation to dismiss this action, and filed it with the Court. 28 1 Accordingly, this action has been DISMISSED, with prejudice, pursuant to the partie 2 stipulation. Each party shall bear its own litigation costs and attorney’s fees. The Court □□□□□ 3 || jurisdiction for purposes of enforcing the settlement for one year. 4 The Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adjust tl 5 || docket to reflect the dismissal pursuant to Rule 41(a)(1)(A)(i). 6 7 IT IS SO ORDERED. A (Fe 8 ated: _ April 13, 2021 OF 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28