Gonzales v. California Department of Veterans et al

Filing 13

ORDER DIRECTING the Clerk of the Court to CLOSE the CASE signed by Magistrate Judge Erica P. Grosjean on 8/1/2017. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GINA GONZALES, 10 11 12 13 Plaintiff Case No. 1:16-cv-01804-DAD-EPG ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE v. (ECF No. 11) CALIFORNIA DEPARTMENT OF VETERANS; COUNTY OF CALAVERAS, 14 Defendants. 15 16 On July 31, 2017, Plaintiff Gina Gonzales filed a notice of dismissal dismissing the 17 remaining defendants in this case. (ECF No. 11.) Defendants California Department of Veterans 18 and County of Calaveras have not filed an answer or motion for summary judgment. In light of 19 Plaintiff’s notice, this action has been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(i); Wilson v. 20 City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been dismissed with prejudice. 21 Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has filed a motion 22 to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of dismissal under 23 Rule 41(a)(1).”). Accordingly, the Clerk of the Court is DIRECTED to close this case. 24 25 26 IT IS SO ORDERED. Dated: August 1, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 1 1 2 3 4 5 6 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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