(PC) Sierra v. Holmes ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 FRANCISCO SIERRA, Case No. 1:22-cv-00964-ADA-SAB (PC) 10 Plaintiff, ORDER DIRECTING CLERK OF COURT 11 TO TERMINATE ACTION PURSUANT TO v. PARTIES’ STIPULATION FOR 12 VOLUNTARY DISMISSAL T. HOLMES, 13 (ECF No. 26) Defendant. 14 15 Plaintiff Francisco Sierra is proceeding pro se and in forma pauperis in this civil rights 16 action filed pursuant to 42 U.S.C. § 1983. 17 On May 24, 2023, the parties filed a stipulation to dismiss this action with prejudice 18 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been 19 resolved in its entirety. (ECF No. 42.) 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 Defendant 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 IT IS SO ORDERED. FA. ee 6 | Dated: _ May 25, 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