Hurtado v. Walmart Stores, Inc.

Filing 11

ORDER Directing Clerk of the Court to Close this Action Pursuant to Plaintiff's Rule 41(a) Request signed by Magistrate Judge Jennifer L. Thurston on 03/09/2015. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO HURTADO,
Plaintiff,

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v.

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WALMART STORES, INC., Store #5134,

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Defendant.

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Case No.: 1:14-cv-01706 - --- - JLT
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS ACTION PURSUANT TO
PLAINTIFF’S RULE 41(a) REQUEST

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On March 4, 2015 Plaintiff Pablo Hurtado filed a request that he be permitted to “withdraw

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[his] case” from the District Court “without prejudice.” (Doc. 10 at 2.) Under the Federal Rules of

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Civil Procedure, “the plaintiff may dismiss an action without a court order by filing: (i) a notice of

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dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii)

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a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Once

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such a notice has been filed, an order of the Court is not required to effectuate the dismissal. Fed. R.

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Civ. Pro. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
Given the nature of request from Plaintiff, the Court construes the document to be a notice of

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dismissal pursuant to Rule 41. Because the defendant had not yet been served, Plaintiff was able to

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file a notice of dismissal, which “automatically terminate[d] the action.” Wilson, 111 F.3d at 692.

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Based upon the foregoing, IT IS HEREBY ORDERED:

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The Clerk of Court is DIRECTED to close this action in light of the notice of dismissal
without prejudice filed and properly signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

March 9, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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