Bryant v. Tovar et al

Filing 14

ORDER Directing the Clerk of the Court to Close the Case signed by Magistrate Judge Erica P. Grosjean on 07/26/2017. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RACHEL BRYANT, 10 11 12 13 Plaintiff Case No. 1:17-cv-00315-LJO-EPG ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE v. (ECF No. 13) TANYA TOVAR; ANTHONY LAMBETECCHIO, Defendants. 14 15 On July 21, 2017, Plaintiff Rachel Bryant filed a notice of dismissal dismissing his case 16 with prejudice. (ECF No. 13.) 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).”). 22 Accordingly, the Clerk of the Court is DIRECTED to close this case. 23 24 IT IS SO ORDERED. 25 26 Dated: July 26, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 1

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