United States of America v. Freitas
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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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,
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Defendants.
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On September 6, 2017, Plaintiff United States of America filed a notice of dismissal
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dismissing the remaining defendants in this case. (ECF No. 10.) Defendant Charles Freitas has
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not filed an answer or motion for summary judgment. In light of Plaintiff’s notice, this action has
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been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692
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(9th Cir. 1997), and has been dismissed without prejudice. Concha v. London, 62 F.3d 1493, 1506
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(9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the plaintiff may terminate
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his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”). Accordingly, the
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Clerk of the Court is DIRECTED to close this case.
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IT IS SO ORDERED.
Dated:
September 6, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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