Williams v. The Beach Company

Filing 5

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 3/14/2017. CASE CLOSED. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEEROY WILLIAMS, Plaintiff, 12 vs. 13 14 THE BEACH COMPANY, et al. Defendants. 15 ) CASE NO. 1:17-cv-00274 LJO JLT ) ) ORDER CLOSING CASE ) (Doc. 4) ) ) ) ) ) ) 16 17 On March 13, 2017, the plaintiff filed a notice of voluntary dismissal of the case. (Doc. 4) 18 Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without 19 a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or 20 a motion for summary judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been 21 filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 22 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). No defendant has 23 appeared in this action. 24 /// 25 /// 26 /// 27 /// 28 1 1 2 Accordingly, the Clerk of Court is DIRECTED to close this action in light of the notice of dismissal without prejudice filed and properly signed pursuant to Rule 41(a). 3 4 5 IT IS SO ORDERED. Dated: March 14, 2017 /s/ Jennifer L. Thurston 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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