Armando Hernandez v. Gonzales

Summary

The United States District Court for the Eastern District of California terminated this § 1983 action pursuant to the parties’ stipulation for voluntary dismissal with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court stated that the action was terminated by operation of law, directed that each party bear its own costs and fees, and ordered the Clerk to close the case.

Holdings

1. A stipulation of dismissal signed by all parties who appeared and filed under Rule 41(a)(1)(A)(ii) automatically terminates the action without a court order.

Questions Presented

1. Whether a stipulation of dismissal signed by all parties who had appeared automatically terminated the action under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
2. Whether the court should terminate the action, pending motions, and deadlines following the parties' stipulation for voluntary dismissal with prejudice.

Disposition

dismissed