(SS)Faulkenberry v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HENRY EUGENE FAULKENBERRY, ) Case No.: 1:21-cv-0308 JLT ) 12 Plaintiff, ) ORDER DIRECTING THE CLERK TO CLOSE ) THE ACTION 13 v. ) 14 COMMISSIONER OF SOCIAL SECURITY. ) (Doc. 13) ) 15 Defendants. ) ) 16 17 On October 28, 2021, Plaintiff filed a stipulation indicating all parties agreed that the above- 18 captioned action is dismissed with prejudice, in its entirety. (Doc. 13.) Pursuant to Fed.R.Civ.P. 19 41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of 20 dismissal signed by all parties who have appeared.” Because all parties who have appeared signed the 21 stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 22 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based upon the stipulation of the parties, the 23 Clerk of Court is DIRECTED to close this action. 24 25 IT IS SO ORDERED. 26 Dated: October 29, 2021 _ /s/ Jennifer L. Thurston 27 CHIEF UNITED STATES MAGISTRATE JUDGE 28