Carpenter v. Tillerson

Filing 10

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 08/15/2017. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CARPENTER, 12 Plaintiff, 13 14 17 18 19 20 21 22 23 24 25 26 27 ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL v. REX TILLERSON, (ECF No. 9) Defendant. 15 16 Case No. 1:17-cv-00637-DAD-SAB This action was filed on May 5, 2017. (ECF No. 1.) On August 14, 2017, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 9.) “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 28 1 1 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 2 3 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). It 4 is FURTHER ORDERED that all pending dates and matters in this action are VACATED. 5 6 IT IS SO ORDERED. 7 Dated: August 15, 2017 UNITED STATES MAGISTRATE JUDGE 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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