Ojeda v. U. S. Citizenship and Immigration Services, et al.
Filing
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ORDER directing Clerk of the Court to close case and adjust docket to reflect voluntary dismissal signed by Magistrate Judge Stanley A. Boone on 8/16/2017. CASE CLOSED. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GABRIELA OJEDA,
Plaintiff,
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Case No. 1:17-cv-00433-DAD-SAB
ORDER DIRECTING CLERK OF THE
COURT TO CLOSE CASE AND ADJUST
DOCKET TO REFLECT VOLUNTARY
DISMISSAL
v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,
(ECF No. 14)
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Defendants.
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This action was filed on March 24, 2017. (ECF No. 1.) On August 15, 2017, Plaintiff
18 filed a motion to dismiss this action without prejudice pursuant to Rule 41(a)(1) of the Federal
19 Rules of Civil Procedure. (ECF No. 14.)
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“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his
21 action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
27 the parties are left as though no action had been brought, the defendant can’t complain, and the
28 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
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1 F.3d at 1078. Here, Defendants have filed a motion to dismiss, but the Ninth Circuit has held
2 that a pending motion to dismiss is not equivalent to an answer or motion for summary
3 judgment. Miller v. Reddin, 422 F.2d 1264, 1266 (9th Cir. 1970).
Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this
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5 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). It
6 is FURTHER ORDERED that all pending dates and matters in this action are VACATED.
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IT IS SO ORDERED.
9 Dated:
August 16, 2017
UNITED STATES MAGISTRATE JUDGE
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