Herta Cartagena v. Singh et al

Filing 6

ORDER directing the Clerk to close case re 5 Notice of Voluntary Dismissal signed by Magistrate Judge Sheila K. Oberto on 3/1/2017. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HERTA CARTAGENA,

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Plaintiff,

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No. 1:17-cv-00132-LJO-SKO

v.

ORDER DIRECTING THE CLERK TO
CLOSE CASE

JASBINDER SINGH, et al.,
(Doc. No. 5)

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Defendants.

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On February 28, 2017, Plaintiff filed a notice of voluntary dismissal with prejudice. (Doc.
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No. 5.)
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In relevant part, Rule 41(a)(1)(A) provides as follows:1

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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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Plaintiff’s notice of voluntary dismissal erroneously indicates that it is being filed pursuant to
Fed. R. Civ. P. 41 (a)(1)(A)(ii). (See Doc. 5.) That provision, however, pertains to dismissal of
an action by “stipulation . . . signed by all parties who have appeared.” Instead, the rule under
which Plaintiff seeks dismissal is actually Fed. R. Civ. P. 41(a)(1)(A)(i), which permits a plaintiff
to dismiss an action by filing “a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment.”

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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, this case has

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automatically terminated. Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, IT IS HEREBY

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ORDERED that the Clerk of the Court is to close this case.

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IT IS SO ORDERED.
Dated:

March 1, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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