Clark v. Capital Income and Growth Fund, LLC, et al.

Filing 9

ORDER Directing Clerk of Court to Close Case re 8 , signed by Magistrate Judge Sandra M. Snyder on 10/23/15. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BERNARD CLARK,

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Plaintiff,

Case No. 1:15-cv-01479-SMS
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE

v.
CAPITAL INCOME AND GROWTH
FUND, LLC, et al.,

(Doc. 8)

Defendants.

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On October 22, 2015, Plaintiff filed a voluntary dismissal of the entire case, with prejudice,

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under Federal Rule of Civil Procedure 41(a)(1). (Doc. 8.) Rule 41(a)(1)(A) provides:

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[T]he plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an
answer to 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). Because Defendants have not served an answer or a motion for
summary judgment, this case has terminated.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court close this case.

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IT IS SO ORDERED.
Dated:

October 23, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE