Moore v. Zamzami et al

Filing 18

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 re 16 , signed by Magistrate Judge Stanley A. Boone on 7/24/15. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD MOORE,
Plaintiff,

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

v.

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Case No. 1:15-cv-00480-SAB

NAGI MOHSEN ZAMZAMI, et al.,

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

Defendants.

(ECF No. 16)

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On July 22, 2015, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)

19 of the Federal Rules of Civil Procedure due to reaching a settlement in this action.
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“[U]nder Rule 41(a)(1)(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.

In this action no defendant has filed an answer or other

27 responsive pleading.
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Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

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2 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).
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IT IS SO ORDERED.

5 Dated:

July 24, 2015
UNITED STATES MAGISTRATE JUDGE

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