United States of America v. Ingram

Filing 42

ORDER DIRECTING CLERK OF COURT to Close Case and Adjust Docket to Reflect VOLUNTRY DISMISSAL; ORDER VACATING May 2, 2018 Hearing, signed by Magistrate Judge Stanley A. Boone on 04/24/18. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Petitioner,

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Case No. 1:16-cv-01663-AWI-SAB
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

v.
JAMES W. INGRAM,

ORDER VACATING MAY 2, 2018
HEARING

Respondent.

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(ECF No. 40)

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This action was filed on November 2, 2016. (ECF No. 1.) On April 24, 2018, Petitioner

18 filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil
19 Procedure.
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“[U]nder Rule 41(a)(1)(A)(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)). The Ninth Circuit has
24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
27 the parties are left as though no action had been brought, the defendant can’t complain, and the
28 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
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1 F.3d at 1078. In this action, Respondent has not filed an answer or other responsive pleading.
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Accordingly, IT IS HEREBY ORDERED that:

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to reflect voluntary dismissal of this action pursuant to Rule 41(a); and

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2.

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The Clerk of the Court is directed to close the file in this case and adjust the docket

The May 2, 2018 hearing set before Magistrate Judge Sheila K. Oberto is vacated.

IT IS SO ORDERED.

8 Dated:

April 24, 2018

UNITED STATES MAGISTRATE JUDGE

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