(PC) Luciozamudio v. CDCR Officials ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDGAR S. LUCIOZAMUDIO ) Case No.: 1:19-cv-01437-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) CLOSE CASE PURSUANT TO PARTIES’ ) STIPULATION FOR VOLUNTARY DISMISSAL 14 CDCR OFFICIALS, et.al., ) 15 Defendants. ) (ECF No. 36) ) 16 ) ) 17 ) 18 Plaintiff Edgar S. Luciozamudio is appearing pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983. 20 On July 20, 2022, the parties filed a stipulation to dismiss this action with prejudice pursuant to 21 Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 36.) 22 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action without 23 a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared. A voluntary 24 stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action 25 without operation of a court order.” Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 F. 26 App’x 488 (9th Cir. 2016) (citing Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 27 (9th Cir. 1999)). Here, Plaintiff and counsel for Defendants have signed and dated a stipulation to 28 dismiss this action, and filed it with the Court. 1 In light of parties’ stipulation for voluntary dismissal, this action 1s terminated by operation | 2 || law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). Each party is to bear its ov 3 || litigation costs and attorney’s fees. The Clerk of the Court is directed to terminate all pending deadlin 4 || and close this action. 5 6 || IT IS SO ORDERED. A (Se _ 7 lated: _ July 21, 2022 OF 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28