Owens v. Mexicali, Inc.

Filing 12

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 5/12/2016. 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,
Plaintiff,
vs.
MEXICALI, INC. dba MEXICALI
RESTAURANT.,
Defendant.

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) Case No. 1:16-cv-00309 AWI JLT
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) ORDER CLOSING CASE
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) (Doc. 11)
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On May 10, 2016, Plaintiff filed a voluntary dismissal of the entire action. (Docs. 11)

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Plaintiff notes that no defendant has appeared in the action. Furthermore, he relies upon Rule

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41 of the Federal Rules of Civil Procedure, under which “the plaintiff may dismiss an action

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without a court order by filing: (i) a notice of dismissal before the opposing party serves either

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an answer or a motion for summary judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once the

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notice is filed, no further action by the Court is required. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v.

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City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED

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to close this action in light of the voluntary dismissal with prejudice filed and properly signed

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pursuant to Rule 41.

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IT IS SO ORDERED.
Dated:

May 12, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE