(PC) Bradford v. Sherman ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWIGHT LARRY BRADFORD, 1:17-cv-01601-LJO-SKO 12 Plaintiff, 13 v. ORDER DIRECTING THE CLERK OF COURT TO CLOSE CASE 14 SHERMAN, et al., (Doc. 49) 15 Defendants. 16 17 18 On October 18, 2019, Plaintiff Dwight Larry Bradford filed the parties’ stipulation that 19 this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 20 41(a)(1)(A)(ii). (Doc. 49.) Rule 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss an action 21 without a court order by filing … a stipulation of dismissal signed by all parties who have 22 appeared.” Once a voluntary dismissal under Rule 41(a)(1) is properly filed, no order of the court 23 is necessary to effectuate dismissal; the dismissal is effective automatically. Commercial Space 24 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). 25 Because Plaintiff has filed a stipulation for dismissal of this case with prejudice under 26 Rule 41(a)(1)(A)(ii), signed by all parties, this case has terminated. Accordingly, IT IS HEREBY 27 ORDERED that the Clerk of Court close this case. 28 1 IT IS SO ORDERED. 2 Sheila K. Oberto Dated: October 22, 2019 /s/ . 3 UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28