Cathy v. Moltzen, et al.

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 11/17/2017 DISMISSING case with prejudice. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES RAY CATHY,

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Plaintiff,

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v.

No. 2:15-cv-1646 MCE AC P

ORDER

E. MOLTZEN, et al.,

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Defendants.

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Plaintiff has filed a Notice of Voluntary Dismissal with Prejudice pursuant to Rule

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41(a)(1)(A)(i), Federal Rules of Civil Procedure.1 ECF No. 33. Plaintiff informs the court that he

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“has resolved this case in its entirety.” Id. at 1. Accordingly, IT IS HEREBY ORDERED that:

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1. This action is dismissed with prejudice; and

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2. The Clerk of Court is directed to close this case.

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DATED: November 17, 2017.

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Fed. R. Civ. P. 41(a)(1)(A)(i) authorizes a plaintiff to dismiss an action without court order “before the
opposing party serves either an answer or a motion for summary judgment.” This condition has been met
in the instant case, as none of the four defendants have appeared in this action. Rather, following this
court’s order directing the United States Marshal to serve defendants, attorney Sarah Brattin, with the
Office of the California Attorney General, specially appeared in this action for the purpose of filing
plaintiff’s Notice.