(PC) Wilkerson v. Ramirez ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ZION ISAIAH WILKERSON, No. 1:24-cv-00782-SAB (PC) 12 Plaintiff, ORDER TERMINATING ACTION PURSUANT TO PARTIES’ STIPULATION 13 v. FOR VOLUNTARY DISMISSAL 14 N. RAMIREZ, (ECF No. 15) 15 Defendant. 16 17 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 18 U.S.C. § 1983. 19 On September 24, 2024, the parties filed a stipulation to dismiss this action with prejudice 20 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been 21 resolved in its entirety. (ECF No. 15.) 22 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action 23 without a court order by filing ... a stipulation of dismissal signed by all parties who have 24 appeared. A voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)(ii) 25 automatically terminates the action without operation of a court order.” Black Rock City, LLC v. 26 Pershing Cty. Bd. of Comm’rs, 637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space 27 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999)). Here, Plaintiff and counsel for 28 1 | Defendant have signed and dated a stipulation to dismiss this action, and filed it with the Court. 2 In light of parties’ stipulation for voluntary dismissal, this action is terminated by 3 | operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)Gi). Each party 4 | is to bear its own litigation costs and attorney’s fees. The Clerk of the Court is directed to 5 || terminate all pending motions and deadlines and close this action. 6 7 IT IS SO ORDERED. DAA (e_ 8 | Dated: _September 26, 2024 _ ef 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28