(PC) Kyle J. Kubes v. California Correctional Institute

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

KYLE J. KUBES, ) Case No.: 1:20-cv-00632-AWI-SAB (PC) ) Plaintiff, ) ) ORDER DIRECTING THE CLERK OF COURT TO v. ) CLOSE THIS ACTION PURSUANT TO THE

PARTIES’ STIPULATION FOR VOLUNTARY

CALIFORNIA CORRECTIONAL ) DISMISSAL

INSTITUTION, )

) (ECF No. 40) ) Defendant. ) ) )

Plaintiff Kyle J. Kubes is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 23, 2021, the parties filed a stipulation to dismiss this action with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (ECF No. 40.) Rule 41(a)(1)(A)(ii) provides in pertinent 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. A voluntary stipulation to dismiss an action pursuant to…