United States of America v. Freitas

Filing 11

ORDER Directing the Clerk of the Court to CLOSE the Case 10 , signed by Magistrate Judge Erica P. Grosjean on 9/6/17: Case closed, pursuant to Rule 41(a)(1). (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 UNITED STATES OF AMERICA, 10 11 12 Plaintiff Case No. 1:17-cv-00538-DAD-EPG ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THE CASE v. (ECF No. 10) CHARLES FREITAS, 13 Defendants. 14 15 On September 6, 2017, Plaintiff United States of America filed a notice of dismissal 16 dismissing the remaining defendants in this case. (ECF No. 10.) Defendant Charles Freitas has 17 not filed an answer or motion for summary judgment. In light of Plaintiff’s notice, this action has 18 been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 19 (9th Cir. 1997), and has been dismissed without prejudice. Concha v. London, 62 F.3d 1493, 1506 20 (9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the plaintiff may terminate 21 his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”). Accordingly, the 22 Clerk of the Court is DIRECTED to close this case. 23 24 25 IT IS SO ORDERED. Dated: September 6, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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