Cathy v. Moltzen, et al.
ORDER signed by Magistrate Judge Allison Claire on 11/17/2017 DISMISSING case with prejudice. (York, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CHARLES RAY CATHY,
No. 2:15-cv-1646 MCE AC P
E. MOLTZEN, et al.,
Plaintiff has filed a Notice of Voluntary Dismissal with Prejudice pursuant to Rule
41(a)(1)(A)(i), Federal Rules of Civil Procedure.1 ECF No. 33. Plaintiff informs the court that he
“has resolved this case in its entirety.” Id. at 1. Accordingly, IT IS HEREBY ORDERED that:
1. This action is dismissed with prejudice; and
2. The Clerk of Court is directed to close this case.
DATED: November 17, 2017.
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?