Acosta v. Gomez et al

Filing 30

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 12/12/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ACOSTA,
Plaintiff,

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Case No. 1:17-cv-00493-AWI-SAB
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

v.

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ADRIANA GABRIELA GOMEZ, et al.,

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(ECF No. 29)

Defendants.

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This action was filed on April 7, 2017. (ECF No. 1.) On July 13, 2017, Plaintiff filed a

18 notice of voluntary dismissal without prejudice as to Defendants Edmundo Sanchez and Rosalia
19 Soledad Rodriguez Ruiz, and they were terminated in this action on July 14, 2017. (ECF Nos.
20 14, 15.) On December 11, 2017, Plaintiff filed a notice of voluntary dismissal of this action with
21 prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 29.)
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“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his

23 action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
24 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
25 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
26 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
27 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
28 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,

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1 the parties are left as though no action had been brought, the defendant can’t complain, and the
2 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
3 F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading.
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).
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IT IS SO ORDERED.

8 Dated:

December 12, 2017
UNITED STATES MAGISTRATE JUDGE

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