Cate v. Wallace et al

Filing 10

ORDER Directing Clerk of Court to Close Case, signed by Magistrate Judge Michael J. Seng on 11/21/14. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

LYNN RENEE CATE,

12
13
14
15
16

No. 1:14-CV-01225----MJS

Plaintiff,
v.

ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE

MARK WALLAE, individually;
BILL WHITMAN, in his official capacity;
COUNTY OF TULARE,
Defendants.

17
18
19

On November 19,, 2014, Plaintiff filed a Notice of Voluntary Dismissal with

20

Prejudice of this entire action pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(i)

21

which provides in relevant part:

22

[A] plaintiff may dismiss an action without a court order by filing: (i) a notice of

23

dismissal before the opposing party serves either an answer or a motion for

24

summary of judgment.

25

Such a Rule 41 (a)(1) notice of dismissal “automatically terminates the action as

26

to the defendants who are subjects of the notice.” Wilson v. City of San Jose, 111F. 3d

27

688, 692 (9th Cir. 1997).

28

Plaintiff’s Notice of Dismissal complies with the provisions of Rule 41 (a)(1)(A)(i).
1

1

Accordingly, it is ORDERED that this action is DISMISSED in its entirety with prejudice

2

and the Clerk shall CLOSE the case.

3
4
5

IT IS SO ORDERED.
Dated:

November 21, 2014

/s/

6

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2