(PC) Kyle J. Kubes v. California Correctional Institute ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE J. KUBES, ) Case No.: 1:20-cv-00632-AWI-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING THE CLERK OF COURT TO 13 v. ) CLOSE THIS ACTION PURSUANT TO THE PARTIES’ STIPULATION FOR VOLUNTARY 14 CALIFORNIA CORRECTIONAL ) DISMISSAL INSTITUTION, ) 15 ) (ECF No. 40) ) 16 Defendant. ) ) 17 ) 18 Plaintiff Kyle J. Kubes is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On April 23, 2021, the parties filed a stipulation to dismiss this action with prejudice pursuant 21 to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 40.) 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 voluntary 24 stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action 25 without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 F. 26 App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 27 (9th Cir. 1999)). Here, Plaintiff and counsel for Defendants in this action have signed and dated a 28 stipulation to dismiss this action, and filed it with the Court. 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. 3 The Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adjust tl 4 || docket to reflect the dismissal pursuant to Rule 41(a)(1)(A)(ii). 5 6 || IT IS SO ORDERED. A (Se _ 7 Dated: _ April 26, 2021 OF 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28