Hammer v. Defenders Service Office / Federal Defenders Eastern District of California - United States of America

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 04/21/16 ORDERING that this action is DISMISSED without prejudice pursuant to FRCP 41(a)(1)(A)(i); all scheduled dates and deadlines are VACATED. CASE CLOSED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN HAMMER,

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Plaintiff,

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No. 2:16-cv-0738-KJM-KJN PS

v.

ORDER

DEFENDERS SERVICE
OFFICE/FEDERAL DEFENDRS
EASTERN DISTRICT OF CALIFORNIA
– UNITED STATES OF AMERICA,
Defendant.

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On April 15, 2016, plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule

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of Civil Procedure 41(a)(1)(A)(i). (ECF No. 10.) Federal Rule of Civil Procedure 41(a)(1)(A)

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provides that “the plaintiff may dismiss an action without a court order by filing . . . (i) a notice of

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dismissal before the opposing party serves either an answer or a motion for summary judgment . .

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. .” Fed. R. Civ. P. 41(a)(1)(A)(i); see also United States v. Real Property Located at 475 Martin

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Lane, Beverly Hills, CA, 545 F.3d 1134, 1145 (9th Cir. 2008) (noting that dismissal under Rule

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41(a)(1)(A)(i) requires no action on the part of the court and divests the court of jurisdiction once

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the notice of voluntary dismissal is filed).

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Because defendant has not yet served an answer or motion for summary judgment in this

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case, plaintiff’s request for dismissal is effective without a court order. Nevertheless, for

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purposes of clarity only, IT IS HEREBY ORDERED that:

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1. This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(i).

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2. All scheduled dates and deadlines are vacated.

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3. The Clerk of Court shall close this case.

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IT IS SO ORDERED.

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Dated: April 21, 2016

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