Sanchez v. Fingerhut

Filing 13

ORDER DIRECTING the Clerk of the Court to Close This Action in Light of Plaintiff's Rule 41 12 Motion, signed by District Judge Anthony W. Ishii on 4/4/2014. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAX SANCHEZ,

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CASE NO. 1:13-CV-1461
Plaintiff,

v.

ORDER DIRECTING THE CLERK OF
THE COURR TO CLOSE THIS ACTION
IN LIGHT OF PLAINTIFF’S RULE 41
MOTION

DLUESTEM BRANDS
INCORPORATED,
Defendant.

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On March 31, 2014, Plaintiff filed a motion for an order to dismiss this case with

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prejudice. Although not stated in the notice, the Court construes it as one made pursuant to

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Federal Rule of Civil Procedure 41(a)(1). A plaintiff has a right to voluntarily dismiss his action

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prior to service of an answer or a motion for summary judgment. Wilson v. City of San Jose, 111

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F.3d 688, 692 (9th Cir. 1997).

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No answers to Plaintiff’s complaint and no motions for summary judgment have been filed

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in this case. Because Plaintiff has exercised his right to voluntarily dismiss the complaint under

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Rule 41(a)(1), this case has terminated. Therefore, the Clerk of the Court is DIRECTED to close

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this case in light of Plaintiff’s Rule 41(a)(1) motion for an order of dismissal.

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IT IS SO ORDERED.
Dated: April 4, 2014
SENIOR DISTRICT JUDGE