Opinion
Case No.: 1:14-cv-00610 LJO JLT
09-29-2015
WILLIAM ROY BONNER, Plaintiff, v. N. SCAIFE, et al., Defendants.
ORDER CLOSING THE MATTER (Doc. 32)
On September 29, 2015, the parties filed a stipulation seeking to dismiss the action. (Doc. 32) The stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure, under which "the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not required to effectuate the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
Based upon the foregoing, IT IS HEREBY ORDERED:
1. The Clerk of Court is DIRECTED to close this action in light of the notice of dismissal with prejudice filed and properly signed pursuant to Rule 41(a)(1)(A)(ii).IT IS SO ORDERED.
Dated: September 29 , 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE