Thacker

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MICHAEL THACKER, ) Case No.: 1:19-cv-0423- LJO JLT ) Plaintiff, ) ORDER DIRECTING THE CLERK OF COURT ) TO CLOSE THIS ACTION AS TO v. ) DEFENDANT AMTRAK CALIFORNIA AND ) TO UPDATE THE DOCKET RAFAEL ALVAREZ, et al., ) ) (Doc. 25) Defendants. ) )

On October 24, 2019, the parties stipulated to the dismissal of Defendant Amtrak California without prejudice. (Doc. 25) 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 that have appeared signed the stipulation, it “automatically” terminated the claims against Amtrak California. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Based upon the Rule 41 stipulation, the Clerk of Court is DIRECTED to close this action only as to Defendant Amtrak California and update the docket. 24 IT IS SO…