Kirell Francis Bettis Trust et al v. Internal Revenue Service

Filing 4

ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal,signed by Magistrate Judge Stanley A. Boone on 10/11/2019. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIRELL FRANCIS BETTIS TRUST, et al.,

Case No. 1:19-cv-01342-LJO-SAB

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Plaintiffs,

ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

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v.
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INTERNAL REVENUE SERVICE,

(ECF No. 3)

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Defendant.
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This action was filed on September 24, 2019. (ECF No. 1.) On October 9, 2019,

19 Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of
20 Civil Procedure. (ECF No. 3.)
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“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his

22 action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
23 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
24 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
25 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
26 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
27 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
28 the parties are left as though no action had been brought, the defendant can’t complain, and the

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1 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
2 F.3d at 1078.
Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

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4 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).
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IT IS SO ORDERED.

7 Dated:

October 11, 2019
UNITED STATES MAGISTRATE JUDGE

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