Owens v. Bakersfield Holdings, LLC et al

Filing 13

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 5/10/2016. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR OWENS,

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Plaintiff,
vs.

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BAKERSFIELD HOLDINGS, LLC, et al.,
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Defendants.
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) Case No. 1:16-cv-00275 AWI JLT
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) ORDER CLOSING CASE
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) (Docs. 10, 11)
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On May 6, 2016 and May 10, 2016, Plaintiff filed a voluntary dismissal of the entire

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action. (Docs. 10, 11) Plaintiff notes that no defendant has appeared in the action.

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Furthermore, he relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “the

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plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before

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the opposing party serves either an answer or a motion for summary judgment . . .” Fed. R.

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Civ. P. 41(a)(1)(A). Once the notice is filed, no further action by the Court is required. Fed.

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R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Thus, the Clerk of Court is DIRECTED to close this action in light of the voluntary
dismissal with prejudice filed and properly signed pursuant to Rule 41.

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IT IS SO ORDERED.
Dated:

May 10, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE