Adkinson v. Commissioner of Social Security

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/16/15. The court construes the parties' filings (ECF Nos. 16 , 17 ) as a stipulation for voluntary dismissal without prejudice pursuant to Rule 41(a)(1)(A)(ii). TheClerk is directed to close the case. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE J. ADKINSON,

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No. 2:14-cv-1864-EFB

Plaintiff,
v.

ORDER

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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On December 2, 2015, counsel for plaintiff filed a request to voluntary dismiss this action

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pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. ECF No. 16. Subject to

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exceptions not applicable here, a plaintiff may voluntarily dismiss an action without prejudice,

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and without a court order, by filing:

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(i)

a notice of dismissal before the opposing party serves either an answer or a motion
for summary judgment; or

(ii)

a stipulation of dismissal signed by all parties who have appeared.

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Fed. R. Civ. P. 41(a)(1)(A). Before plaintiff filed the notice of voluntary dismissal, defendant
filed an answer. ECF No. 10. Therefore, this action cannot be dismissed pursuant to Rule
41(a)(1)(A)(i). However, a defendant may choose to stipulate to dismissal without prejudice
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pursuant to Rule 41(a)(1)(A)(ii). On December 15, 2015, defendant filed a statement of non-

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opposition to the request to dismiss. The court construes the parties’ filings (ECF Nos. 16, 17) as

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a stipulation for voluntary dismissal without prejudice pursuant to Rule 41(a)(1)(A)(ii). The

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Clerk is directed to close the case.

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DATED: December 16, 2015.

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