(PC) Gibson v. Figueroa ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD GIBSON, Case No. 1:19-cv-00533-DAD-JLT (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT 13 v. TO CLOSE THE CASE 14 J. FIGUEROA; S. SILVA, 15 Defendants. 16 17 The parties have filed a stipulation of voluntary dismissal with prejudice pursuant to 18 Federal Rule of Civil Procedure 41(a)(1). (Doc. 38.) The rule provides that a “plaintiff may 19 dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties 20 who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Once a dismissal under Rule 41(a)(1) is 21 properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective 22 automatically. See Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). 23 Accordingly, the Clerk of Court is DIRECTED to close the case. 24 IT IS SO ORDERED. 25 26 Dated: June 2, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 27