Stafford v. Wash

Filing 8

ORDER GRANTING DISMISSAL Pursuant to Federal Rule of Civil Procedure 41(a)(1) and ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by District Judge Anthony W. Ishii on 12/16/2014. CASE CLOSED. (Jessen, A)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 MATHEW STAFFORD, Plaintiff, 5 6 7 8 Case No. 1:14-cv-01791---SAB ORDER GRANTING DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1) v. JOHN WASH, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL Defendant. (ECF No. 5) 9 10 On November 14, 2014, Plaintiff Mathew Stafford (“Plaintiff”) filed the complaint in this 11 action. (ECF No. 1.) On December 11, 2014, Plaintiff filed a notice of voluntary dismissal 12 pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. 13 “[U]nder Rule 41(a)(1)(I), ‘a plaintiff has an absolute right to voluntarily dismiss his 14 action prior to service by the defendant of an answer or a motion for summary judgment.’” 15 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 16 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under 17 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no 18 action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to 19 do anything about it.” Id. at 1078. No defendant has filed an answer or other responsive 20 pleading. Pursuant to Rule 41(a)(1), this case has terminated. 21 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 22 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 23 24 IT IS SO ORDERED. 25 Dated: December 16, 2014 SENIOR DISTRICT JUDGE 26 27 28 1

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