Clayton v. National Debt Relief LLC

Filing 5

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 4/18/2017. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAURENCE CLAYTON,
Plaintiff,

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v.
NATIONAL DEBT RELIEF,
Defendant.

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) Case No.: 1:17-cv-00440 LJO JLT
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) ORDER CLOSING CASE
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) (Doc. 4 )
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On April 18, 2017, the plaintiff filed a notice of voluntary dismissal. (Doc. 4) Federal Rules of

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Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a court order by

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filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for

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summary judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the

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Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San

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Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this

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action in light of the notice of dismissal with prejudice filed and properly signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

April 18, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE