Bryant v. Contreras, et al.

Filing 15

ORDER Directing the Clerk to Close Case, signed by Magistrate Judge Sheila K. Oberto on 3/6/17. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RACHEL BRYANT,

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No. 1:16-cv-01748-DAD-SKO

Plaintiff,
v.

ORDER DIRECTING THE CLERK TO
CLOSE CASE

ALFONSO JOSE CONTRERAS d/b/a
AL’S CAFÉ, et al.,

(Doc. 14)

Defendants.

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On March 3, 2017, Plaintiff filed a notice of voluntary dismissal with prejudice pursuant

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to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. 14.)

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In relevant part, Rule 41(a)(1)(A) provides as follows:

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[A] plaintiff may dismiss an action without a court order by filing: (i) a notice of
dismissal before the opposing party serves either an answer or 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). “The plaintiff may dismiss some or all of the defendants, or some or

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all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the

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action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111

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F.3d 688, 692 (9th Cir. 1997).

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Because Plaintiff filed a notice of dismissal of this case with prejudice under Rule

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41(a)(1)(A)(i), this case has automatically terminated. Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is to close this case.

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IT IS SO ORDERED.
Dated:

March 6, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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