(PC) Wilson v. Mercado ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID WAYNE WILSON, Case No. 1:22-cv-00278-ADA-SAB (PC) 11 Plaintiff, ORDER DIRECTING CLERK OF COURT 12 v. TO TERMINATE ACTION PURSUANT TO PARTIES’ STIPULATION FOR 13 GABINO MERCADO, et al., VOLUNTARY DISMISSAL 14 Defendants. (ECF No. 54) 15 16 17 On June 2, 2023, the parties filed a stipulation to dismiss this action with prejudice pursuant 18 to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been resolved in 19 its entirety. (ECF No. 54.) 20 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action 21 without a court order by filing . . . a stipulation of dismissal signed by all parties who have 22 appeared. A voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) 23 automatically terminates the action without operation of a court order.” Black Rock City, LLC v. 24 Pershing Cty. Bd. of Comm’rs, 637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space 25 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999)). Here, Plaintiff and counsel for 26 Defendants have signed and dated a stipulation to dismiss this action, and filed it with the Court. 27 /// /// 1 In light of parties’ stipulation for voluntary dismissal, this action is dismissed with 2 prejudice. Fed. R. Civ. P. 41(a)(1)(A)Gi). Each party is to bear its own litigation costs and 3 | attorney’s fees. 4 5 IS SO ORDERED. FA. ee 6 Dated: _ June 5, 2023 " UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28