Ali v. Early Warning Services, LLC

Filing 15

ORDER DIRECTING Clerk of Court to CLOSE CASE and Adjust Docket to Reflect Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 5/3/2017. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HUSSEIN OSMAN ALI, Plaintiff, 12 13 Case No. 1:17-cv-00494-DAD-SAB ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL v. 14 EARLY WARNING SERVICES, LLC, 15 (ECF No. 14) Defendant. 16 17 On March 2, 2017, Plaintiff filed the complaint in this action in the Superior Court of 18 California, County of Fresno. (ECF No. 1-1.) On April 7, 2017, Defendant removed this action 19 to the United States District Court for the Eastern District of California. (ECF No. 1.) On May 20 2, 2017, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) of the 21 Federal Rules of Civil Procedure. 22 “[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, 1 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, Defendant has not filed an answer or motion for summary judgment. 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: May 3, 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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