(PC) Cunningham v. Humphey ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 L. C. CUNNINGHAM, No. 1:23-cv-00564-NODJ-SAB (PC) 10 Plaintiff, ORDER DIRECTING CLERK OF COURT TO TERMINATE ACTION PURSUANT TO 11 v. PARTIES’ STIPULATION FOR VOLUNTARY DISMISSAL 12 P. HUMPHEY, et al., (ECF No. 43) 13 Defendants. 14 15 Plaintiff L.C. Cunningham is proceeding pro se and in forma pauperis in this civil rights 16 | action filed pursuant to 42 U.S.C. § 1983. 17 On December 21, 2023, the parties filed a stipulation for voluntary dismissal of the action 18 | with prejudice. In light of the stipulation of the parties, this action has been terminated, Fed. R. 19 | Civ. P.41(aj)(A)Gi); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been 20 || dismissed with prejudice and each party shall bear its own attorneys’ fees and costs. 21 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case 22 || and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 23 ITIS SO ORDERED. 24 Af 25 | Dated: _ December 21, 2023 UNITED STATES MAGISTRATE JUDGE 26 27 28