UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 27, 2010
R.J. GONZALES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
ORDER DISREGARDING STIPULATION (Doc. 137)
Plaintiff Charles Jones ("Plaintiff") is a state prisoner in this civil rights action pursuant to 42 U.S.C. § 1983. On December 23, 2010, the Court received a "Stipulation for Voluntary Dismissal With Prejudice" from Plaintiff's attorney. (Doc. #137.) However, the stipulation is not signed by any of the parties. The stipulation is signed by Plaintiff's counsel and by attorneys purportedly representing some of the defendants. *fn1
Federal Rule of Civil Procedure 41(a)(1)(A)(ii) permits the Plaintiff to voluntarily dismiss an action by filing "a stipulation of dismissal signed by all parties who have appeared." The stipulation filed by Plaintiff is not signed by any of the parties or by any attorney representing Defendant A.K. Scribner or Defendant D. Sheppard-Brooks.
Accordingly, the Court will disregard the stipulation and order the parties to prepare and file a proper stipulation within fourteen (14) days of the date of service of this order . The stipulation must be signed by all parties . The failure to file a stipulation within fourteen (14) days may result in the imposition of sanctions.
Accordingly, the parties are HEREBY ORDERED to file the necessary papers to dismiss or conclude this action in its entirety within fourteen (14) days of the date of service of this order.
IT IS SO ORDERED.