Martinez

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 4 WAYNE DANIEL MORGAN, Case No. 1:18-cv-01047-LJO-BAM (PC) Plaintiff, ORDER REGARDING STIPULATION OF

VOLUNTARY DISMISSAL WITH

v. PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii) M. G. MARTINEZ, (ECF No. 28) Defendant. 10 On January 29, 2020, Plaintiff Wayne Daniel Morgan and Defendant M. G. Martinez filed a stipulation to dismiss this entire action, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 28.) The stipulation further states that each party shall bear its own litigation costs and attorney’s fees. Rule 41(a)(1)(A)(ii) provides, in relevant part, that “the plaintiff may dismiss an action without a court order by filing … a stipulation of dismissal signed by all parties who have appeared.” In this case, since Plaintiff and Defendant’s counsel signed and dated the stipulation of dismissal, the filing of the stipulation “automatically terminate[d] the action[.]” Wilson v. City of San Jose,…