Opinion
Case No.: 1:11-cv-01242 JLT
10-27-2015
VICTOR JONES, Plaintiff, v. RICHARD MOORE, et al., Defendants.
ORDER CLOSING CASE (Doc. 53)
On October 26, 2015, the parties filed a stipulation seeking to dismiss the action. (Doc. 53) 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 for 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: October 27 , 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE