United States of America v. Dailey

Filing 8

ORDER Directing the Clerk of the Court to Close Case re 7 , signed by Magistrate Judge Erica P. Grosjean on 3/29/18. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 UNITED STATES OF AMERICA, 10 11 12 Plaintiff, Case No. 1:18-cv-00346-DAD-EPG ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE v. (ECF No. 7) MYSTI S DAILEY, 13 Defendants. 14 15 On March 28, 2018, petitioner filed a notice to dismiss this action without prejudice. (ECF 16 No. 7). In light of the notice, the case has ended and is dismissed without prejudice. See Fed. R. Civ. 17 P. 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Concha v. London, 18 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the 19 plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”). 20 Accordingly, the hearing set for May 25, 2018 is VACATED, and the Clerk of the Court is 21 DIRECTED to close this case. 22 IT IS SO ORDERED. 23 24 25 Dated: March 29, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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