Moore v. Sekhon et al

Filing 14

ORDER GRANTING Dismissal Pursuant to Federal Rule of Civil Procedure 41(a)(1); ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Stanley A. Boone on 6/17/15. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RONALD MOORE,
Plaintiff,

12

ORDER GRANTING DISMISSAL
PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 41(a)(1)

v.

13
14

Case No. 1:15-cv-00319-SAB

GURMUKH SINGH SEKHON, et al.,

ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

Defendant.

15

(ECF No. 11)

16
17
18

On June 10, 2015, Plaintiff filed a notice of voluntary dismissal in this action pursuant to

19 Rule 41(a)(1) of the Federal Rules of Civil Procedure.
20

“[U]nder Rule 41(a)(1)(A)(i), „a plaintiff has an absolute right to voluntarily dismiss his

21 action prior to service by the defendant of an answer or a motion for summary judgment.‟”
22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under
24 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no
25 action had been brought, the defendant can‟t complain, and the district court lacks jurisdiction to
26 do anything about it.” Id. at 1078.

No defendant has filed an answer or other responsive

27 pleading.
28 / / /

1

Accordingly, this action is dismissed pursuant to Federal Rule of Civil Procedure

1

2 41(a)(1)(A)(i), with prejudice as to Defendants Gurmukh Singh Sekhon dba Cedar Market and
3 Amritpal Singh Sandhu dba Cedar Market only, and without prejudice as to defendants Walid
4 A. H. Ayyad and Fatima S. Ayyad. The Clerk of the Court is HEREBY ORDERED to CLOSE
5 the file in this case and adjust the docket to reflect voluntary dismissal of this action pursuant to
6 Rule 41(a).
7
8

IT IS SO ORDERED.

9 Dated:

June 17, 2015
UNITED STATES MAGISTRATE JUDGE

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

2