Escobedo v. Fried or Boiled Seafood Inc et al

Filing 5

ORDER Directing Clerk of Court to Close Case and Adjust the Docket to Reflect Voluntary Dismissal Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure signed by Magistrate Judge Stanley A. Boone on 11/13/2023. CASE CLOSED. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE ESCOBEDO,
Plaintiff,

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ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST THE
DOCKET TO REFLECT VOLUNTARY
DISMISSAL PURSUANT TO RULE 41(a)
OF THE FEDERAL RULES OF CIVIL
PROCEDURE

v.

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Case No. 1:23-cv-01281-ADA-SAB

FRIED OR BOILED SEAFOOD INC., et al.,

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Defendants.
(ECF No. 4)

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On November 9, 2023, Plaintiff filed a notice of voluntary dismissal of the entire action

18 with prejudice pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(i). Under Rule
19 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service
20 by the defendant of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt.
21 Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San
22 Jose, 111 F.3d 688, 692 (9th Cir. 1997)).
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In light of the notice of dismissal, this action has been terminated, Fed. R. Civ. P.

24 41(a)(1)(A)(i); Wilson, 111 F.3d at 692, and has been dismissed with prejudice.
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Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

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2 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.

5 Dated:

November 13, 2023
UNITED STATES MAGISTRATE JUDGE

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