(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELIAS SERDA DIAZ,

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Plaintiff,

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v.

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UNKNOWN,

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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.

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On November 21, 2024, Plaintiff filed a pleading titled “Notice of Voluntary Dismissal.”

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(Doc. No. 21, “Notice”). The Notice, signed and dated by Plaintiff on November 17, 2024, states

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he would like “to voluntarily dismiss” the above case “to avoid the strike.” (Id.). The Notice

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follows the Court’s November 8, 2024, Screening Order, which found that Plaintiff’s Complaint

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failed to state any cognizable federal claim. (See Doc. No. 20). Because no defendant has been

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served and no answer nor motion for summary judgment has been filed, Plaintiff may voluntarily

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dismiss this action by operation of law without further order from the Court. See Fed. R. Civ. P.

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41(a)(1)(A)(i).

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Accordingly, the Clerk of Court is directed to vacate all deadlines and CLOSE this case to

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reflect Plaintiff’s Notice of Voluntary Dismissal without prejudice (Doc. No. 21) consistent with

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Fed. R. Civ. P. 41(a)(1)(A)(i).

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Dated:

November 22, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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