(PC) Cresci v. Perkins ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARLO GUILIANO CRESCI, ) Case No.: 1:20-cv-00412-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) TERMINATE ACTION PURSUANT TO PARTIES’ STIPULATION 14 PERKINS, et al., ) ) (ECF No. 52) 15 Defendants. ) ) 16 ) ) 17 ) 18 Plaintiff Carlo Guiliano Cresci is proceeding pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983. 20 On September 10, 2021, the parties filed a stipulation to dismiss this action with prejudice 21 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been resolved 22 in its entirety. (ECF No. 52.) 23 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without 24 a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A voluntary 25 stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action 26 without operation of a court order.” Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 F. 27 App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 28 1 |} (9th Cir. 1999)). Here, Plaintiff and counsel for Defendants have signed and dated a stipulation 2 || dismiss this action, and filed it with the Court. 3 In light of parties’ stipulation for voluntary dismissal, this action is terminated by operation ot 4 || law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(il). Each party is to bear its ow 5 || litigation costs and attorney’s fees. The Court shall retain jurisdiction to enforce the settlement 6 || agreement for one year or upon proof of payment, whichever occurs first. 7 8 || IT IS SO ORDERED. A fe ll Dated: _ September 13, 2021 IF 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28