(PC) Diaz v. Unknown

Filing 22

ORDER Directing Clerk to Close Case Based Upon Plaintiff's Voluntary Dismissal Under FRCP 41(a)(1)(A)(i) signed by Magistrate Judge Helena M. Barch-Kuchta on 11/22/2024. CASE CLOSED. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIAS SERDA DIAZ, 12 Plaintiff, 13 v. 14 UNKNOWN, 15 Case No. 1:24-cv-00745-JLT-HBK (PC) CLERK TO CLOSE CASE BASED UPON PLAINTIFF’S VOLUNTARY DISMISSAL UNDER FED. R. CIV. P. 41 (a)(1)(A)(i) (Doc. No. 21) Defendant. 16 17 18 19 On November 21, 2024, Plaintiff filed a pleading titled “Notice of Voluntary Dismissal.” 20 (Doc. No. 21, “Notice”). The Notice, signed and dated by Plaintiff on November 17, 2024, states 21 he would like “to voluntarily dismiss” the above case “to avoid the strike.” (Id.). The Notice 22 follows the Court’s November 8, 2024, Screening Order, which found that Plaintiff’s Complaint 23 failed to state any cognizable federal claim. (See Doc. No. 20). Because no defendant has been 24 served and no answer nor motion for summary judgment has been filed, Plaintiff may voluntarily 25 dismiss this action by operation of law without further order from the Court. See Fed. R. Civ. P. 26 41(a)(1)(A)(i). 27 //// 28 //// 1 Accordingly, the Clerk of Court is directed to vacate all deadlines and CLOSE this case to 2 reflect Plaintiff’s Notice of Voluntary Dismissal without prejudice (Doc. No. 21) consistent with 3 Fed. R. Civ. P. 41(a)(1)(A)(i). 4 5 6 Dated: November 22, 2024 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 7 8 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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