Evans v. Myers et al

Filing 6

ORDER Construing 5 Plaintiff's Request for Leave to Withdraw the Action as a Request for Voluntary Dismissal Under Rule 41; ORDER Directing the Clerk to Close the Action, signed by Magistrate Judge Jennifer L. Thurston on 5/17/2017. CASE CLOSED. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSH EVANS, Plaintiff, 12 13 14 v. AQSEPTENCE GROUP, et al, Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-mc-0023 - DAD - JLT ORDER CONSTRUING PLAINTIFF’S REQUEST FOR LEAVE TO WITHDRAW THE ACTION AS A REQUEST FOR VOLUNTARY DISMISSAL UNDER RULE 41 (Doc. 5) ORDER DIRECTING THE CLERK TO CLOSE THE ACTION 17 18 On May 1, 2017, the Court reviewed the documents filed in this action, and noted that it 19 appeared Mr. Evans was seeking to enforce an agreement between other parties. (Doc. 4) The Court 20 ordered Mr. Evans “to file an amended document addressing the claims presented, relief sought, his 21 standing, and the Court’s jurisdiction within fourteen days of the date of service.” (Id. at 3) 22 In response, Mr. Evans filed a request for “leave to withdraw the previously submitted 23 action… so that the parties in fact can re-file their case in the proper court after adequate research and 24 preparation…” (Doc. 5 at 1) The Court construes this request for withdrawal as a request for 25 voluntary dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure, under which “the 26 plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the 27 opposing party serves either an answer or a motion for summary judgment . . .” Fed. R. Civ. P. 28 41(a)(1)(A). 1 1 Significantly, once such a notice has been filed, an order of the Court is not required to make 2 the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th 3 Cir. 1997). Based upon the foregoing, the Clerk of Court is DIRECTED to close this action in light 4 of the request of withdrawal filed and properly signed pursuant to Rule 41(a). 5 6 7 8 IT IS SO ORDERED. Dated: May 17, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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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