Opinion
4:20CV26-JMV
09-02-2021
DEVIN BENNETT PLAINTIFF v. COMMISSIONER PELICIA HALL, ET AL. DEFENDANTS
ORDER GRANTING PLAINITFF'S MOTION [51] TO DISMISS, DISMISSING CASE PURSUANT TO STIPULATION OF DISMISSAL, DISMISSING AS MOOT PENDING MOTIONS [39], [45]
JANE M. VIRDEN, J.
This matter comes before the court on the motion [51] by the plaintiff to dismiss this case in accordance with an attached stipulation of dismissal, which the defendants have joined [52]. Under Fed.R.Civ.P. 41(a)(1)(A)(ii), “[T]he plaintiff may dismiss an action without a court order by filing .. a stipulation of dismissal signed by all parties who have appeared.” Indeed, “[a] stipulation of dismissal ... ordinarily - and automatically-strips the district court of subject-matter jurisdiction. This typically means that any action by the district court after the filing of [the] stipulation can have no force or effect.” Nat'l City Golf Fin. v. Scott, 899 F.3d 412, 415-16 (5th Cir. 2018) (cleaned up). Under Rule 41, “[u]nless the notice or stipulation states otherwise, the dismissal is without prejudice.” Fed.R.Civ.P. 41(a)(1)(B).
As the court may no longer exercise subject matter jurisdiction over this case, the plaintiff's motion [51] to dismiss is GRANTED, and the instant case is DISMISSED without prejudice under Fed.R.Civ.P. 41(a)(1)(A)(ii). In light of this ruling, the defendants' Motion [39] for Summary Judgment and the plaintiff's Motion [45] to Stay Defendants' Motion for Summary Judgment are DISMISSED as moot.
SO ORDERED.