Smith v. Brown, et al.

Filing 11

ORDER DIRECTING Clerk of the Court to Close This Case Pursuant to Plaintiff's 10 Notice of Voluntary Dismissal, signed by Magistrate Judge Michael J. Seng on 5/30/2014. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID RANDOLPH SMITH,

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Plaintiff,
v.

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ORDER DIRECTING CLERK OF THE
COURT
TO
CLOSE
THIS
CASE
PURSUANT TO PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL

EDMUND G. BROWN, et al.,

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CASE No. 1:13-cv-01693-MJS

Defendants.

(ECF No. 10)

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On April 9, 2014, Plaintiff David Randolph Smith filed a motion seeking dismissal

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of this action without prejudice. (ECF No. 10.) At this stage in the proceedings, Plaintiff

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has the absolute right to dismiss his claims without prejudice pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(i). Duke Energy Trading and Marketing, L.L.C. v. Davis, 267

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F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing

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the action, and the Court no longer has jurisdiction over the claims. Id.

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Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file
pursuant to Plaintiff’s motion seeking voluntary dismissal filed on April 9, 2014.

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IT IS SO ORDERED.
Dated:

May 30, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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