Ojeda v. U. S. Citizenship and Immigration Services, et al.

Filing 15

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GABRIELA OJEDA, Plaintiff, 12 13 14 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) 15 Defendants. 16 17 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.) 20 “[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 1 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 4 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. 7 8 IT IS SO ORDERED. 9 Dated: August 16, 2017 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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