Bobier v. Unknown

Filing 21

ORDER DIRECTING Clerk of the Court to CLOSE This Case Pursuant to Plaintiff's 20 Notice of Voluntary Dismissal, signed by Magistrate Judge Michael J. Seng on 3/4/2014. CASE CLOSED.(Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JON C. BOBIER, 12 13 14 Plaintiff, v. CASE No. 1:13-cv-00845-AWI-MJS ORDER DIRECTING CLERK OF THE COURT TO CLOSE THIS CASE PURSUANT TO PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL UNKNOWN, (ECF No. 20) 15 Defendant. 16 17 On February 21, 2014, Plaintiff Jon C. Bobier filed a motion seeking dismissal of 18 this action without prejudice. At this stage in the proceedings, Plaintiff has the absolute 19 right to dismiss his claims without prejudice pursuant to Federal Rule of Civil Procedure 20 41(a)(1)(A)(i). Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 21 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, 22 and the Court no longer has jurisdiction over the claims. Id. 23 24 Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to Plaintiff’s motion seeking voluntary dismissal filed on February 21, 2014. 25 26 27 IT IS SO ORDERED. Dated: March 4, 2014 /s/ 28 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 1

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