Hagerman v. NDOC ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4|| Mark Hagerman, Case No.: 2:24-cv-00109-CDS-NJK 5 Plaintiff Order Terminating Case and Denying as Moot Plaintiff's Application to Proceed in Forma Pauperis 7|| NDOC, et al., [ECF Nos. 1, 3] 8 Defendants 9 10 The parties jointly stipulate to dismiss this action, requesting dismissal with prejudice. ECF No. 3. Once a stipulation between the parties who have appeared is properly filed, no order 12]| of the court is necessary to effectuate dismissal. Fed. R. Civ. P. 41(a)(1)(A)(ii). Case law concerning stipulated dismissals is clear that the entry of such a stipulation of dismissal is 14|| effective automatically and does not require judicial approval. Commercial Space Mgmt. Co. v. Boeing 15] Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed a stipulation of dismissal of 16|| this case that is signed by all whom have made an appearance, this case has terminated. 17] Consequently, plaintiff Mark Hagerman’s application to proceed in forma pauperis [ECF No. 1] moot. The Clerk of Court is kindly directed to close this 19 Dated: August 16, 2024 Lf 20 L Le 4 —_ 5 Cristi “f, Silva Uniteél tates District Judge 22 23 24 25 26