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Severi v. County of Kern, 1:17-cv-00931-AWI-JLT. (2019)

Court: District Court, E.D. California Number: infdco20191101b14 Visitors: 14
Filed: Oct. 26, 2019
Latest Update: Oct. 26, 2019
Summary: ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION AS TO DEFENDANT SHERIFF DONNY YOUNGBLOOD AND TO UPDATE THE DOCKET (Doc. 65) JENNIFER L. THURSTON , Magistrate Judge . All parties have stipulated "[t]o dismiss defendant Kern County Sheriff Donny Youngblood with prejudice from all claims alleged in the First Amended Complaint in this action." (Doc. 65 at 1) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), a plaintiff may dismiss claims "without a court order by filing. . . a stipulation of d
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ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION AS TO DEFENDANT SHERIFF DONNY YOUNGBLOOD AND TO UPDATE THE DOCKET

(Doc. 65)

All parties have stipulated "[t]o dismiss defendant Kern County Sheriff Donny Youngblood with prejudice from all claims alleged in the First Amended Complaint in this action." (Doc. 65 at 1) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), a plaintiff may dismiss claims "without a court order by filing. . . a stipulation of dismissal signed by all parties who have appeared." Because all remaining parties signed the stipulation, it "automatically" terminated the claims. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Based upon the Rule 41 stipulation, the Clerk of Court is DIRECTED to close this action only as to Defendant Sheriff Donny Youngblood and update the docket.

IT IS SO ORDERED.

Source:  Leagle

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