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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSH EVANS,
Plaintiff,

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v.
AQSEPTENCE GROUP, et al,
Defendants.

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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

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On May 1, 2017, the Court reviewed the documents filed in this action, and noted that it

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appeared Mr. Evans was seeking to enforce an agreement between other parties. (Doc. 4) The Court

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ordered Mr. Evans “to file an amended document addressing the claims presented, relief sought, his

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standing, and the Court’s jurisdiction within fourteen days of the date of service.” (Id. at 3)

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In response, Mr. Evans filed a request for “leave to withdraw the previously submitted

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action… so that the parties in fact can re-file their case in the proper court after adequate research and

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preparation…” (Doc. 5 at 1) The Court construes this request for withdrawal as a request for

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voluntary dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure, under which “the

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plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the

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opposing party serves either an answer or a motion for summary judgment . . .” Fed. R. Civ. P.

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41(a)(1)(A).
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Significantly, once such a notice has been filed, an order of the Court is not required to make

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the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th

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Cir. 1997). Based upon the foregoing, the Clerk of Court is DIRECTED to close this action in light

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of the request of withdrawal filed and properly signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

May 17, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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