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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RACHEL BRYANT, 12 13 14 15 16 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. 17 18 On March 3, 2017, Plaintiff filed a notice of voluntary dismissal with prejudice pursuant 19 to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. 14.) 20 In relevant part, Rule 41(a)(1)(A) provides as follows: 21 23 [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. 24 Fed. R. Civ. P. 41(a)(1)(A). “The plaintiff may dismiss some or all of the defendants, or some or 25 all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the 26 action as to the defendants who are the subjects of the notice.” Wilson v. City of San Jose, 111 27 F.3d 688, 692 (9th Cir. 1997). 22 28 1 Because Plaintiff filed a notice of dismissal of this case with prejudice under Rule 2 41(a)(1)(A)(i), this case has automatically terminated. Fed. R. Civ. P. 41(a)(1)(A)(i). 3 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is to close this case. 4 5 6 IT IS SO ORDERED. Dated: March 6, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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