Acosta v. Island Cattle Company, LLC et al

Filing 12

ORDER Directing the Clerk of the Court to Close the Case 11 , signed by Magistrate Judge Erica P. Grosjean on 6/29/17. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ACOSTA, 12 Plaintiff 13 14 15 Case No. 1:17-cv-00270-DAD-EPG ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE v. (ECF No. 11) ISLAND CATTLE COMPANY, LLC; MCCRACKEN, INC., Defendants. 16 17 On June 28, 2017, Plaintiff Jose Acosta filed a notice of dismissal dismissing his case 18 with prejudice. (ECF No. 11.) No defendant has filed an answer or motion for summary 19 judgment. In light of Plaintiff’s notice, this action has been terminated, see Fed. R. Civ. P. 20 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been 21 dismissed with prejudice. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the 22 defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing 23 a notice of dismissal under Rule 41(a)(1).”). 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 1 1 Accordingly, the Clerk of the Court is DIRECTED to close this case. 2 3 IT IS SO ORDERED. 4 5 Dated: June 29, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 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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