Green v. Rowe et al

Filing 17

ORDER Directing Clerk of Court to Administratively Close Case, signed by Magistrate Judge Sheila K. Oberto on 12/12/2014. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE GREEN,

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Plaintiff,

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vs.
JUDITH YOVANNIDES ROWE, aka
JUDITH ANN KEYES, et al.,

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Defendants.

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No. 1:14-cv-01372---SKO
ORDER DIRECTING CLERK OF
COURT TO ADMINISTRATIVELY
CLOSE CASE

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On December 11, 2014, Plaintiff filed a notice of voluntary dismissal with prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).

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In relevant part, Rule 41(a)(1)(A) provides as follows:

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[A] plaintiff may dismiss an action with a court order by filing: (i) a notice of
dismissal before the opposing party serves either an answer or a motion for
summary judgment; or (ii) a stipulation of dismissal signed by all parties who
have appeared.

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Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some

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or all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically

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terminates the action as to the defendants who are the subjects of the notice.” Wilson v. City of
San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Because Plaintiff has filed a notice of dismissal

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before an answer or motion for summary judgment was filed by Defendants, this case has

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terminated. Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly IT IS HEREBY ORDERED that the Clerk of the Court administratively
close this case.

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IT IS SO ORDERED.
Dated:

December 12, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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