Kenneth J. Baker v. World Savings Bank et al

Filing 25

ORDER Directing the Clerk of the Court to Close the Case, signed by Magistrate Judge Erica P. Grosjean on 6/1/17. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KENNETH BAKER, 10 11 12 Plaintiff Case No. 1:16-cv-01943-LJ-EPG ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE v. (ECF No. 24) WORLD SAVINGS BANK, et al., 13 Defendants. 14 15 On May 30, 2017, Plaintiff Kenneth Baker filed a notice of dismissal dismissing his case 16 with prejudice. (ECF No. 24.) No defendant has filed an answer or motion for summary 17 judgment. In light of Plaintiff’s notice, this action has been terminated, see Fed. R. Civ. P. 18 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been 19 dismissed with prejudice. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the 20 defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing 21 a notice of dismissal under Rule 41(a)(1).”). Accordingly, the Clerk of the Court is DIRECTED 22 to close this case. IT IS SO ORDERED. 23 24 Dated: June 1, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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