Clayton v. Synchrony Bank

Filing 18

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 2/15/2017. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAURENCE CLAYTON,
Plaintiff,

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v.
SYNCHRONY BANK,
Defendant.

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) Case No.: 1:16-cv-01241 JLT
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) ORDER CLOSING CASE
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) (Doc. 17 )
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On February 10, 2017, the plaintiff filed a notice of voluntary dismissal. (Doc. 17)

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Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a

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court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a

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motion for summary judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an

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order of the Court is not required to make the dismissal effective. 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). Accordingly, the Clerk of Court is DIRECTED to

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

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Rule 41(a).

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IT IS SO ORDERED.
Dated:

February 15, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE