Woodson v. Henderson, Weinstein, Wyatt & Associates, Inc.
ORDER DISMISSING CASE. Signed by Magistrate Judge Nandor J. Vadas on 3/11/13. (njvlc1, COURT STAFF) (Filed on 3/11/2013)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
ORDER DISMISSING CASE
HENDERSON, WEINSTEIN, WYATT
& ASSOCIATES, INC.,
This action was filed on June 28, 2010, and Plaintiff filed a consent to magistrate judge
jurisdiction on August 16, 2010. (Docket No. 6.) On October 26, 2010, Plaintiff returned the
summons issued in this case unexecuted. (Docket no. 8.) On November 4, 2010, Plaintiff filed a
notice of voluntary dismissal of this action without prejudice. (Docket no. 9.)
A plaintiff may voluntarily dismiss an action without court order by filing a notice of
dismissal before the opposing party serves either an answer or a motion for summary judgment.
Fed. R. Civ.P. 41(a)(1)(A)(i). Here, Defendant was never served and thus never responded to the
complaint. Thus, dismissal under Rule 41(a)(1)(A)(i) is proper. But see Rule 41(1)(B) (“if the
plaintiff previously dismissed any federal- or state-court action based on or including the same
claim, a notice of dismissal operates as an adjudication on the merits.”)
Accordingly, this case is HEREBY DISMISSED. The Clerk is directed to close this case.
IT IS SO ORDERED.
Dated: March 11, 2013
NANDOR J. VADAS
United States Magistrate Judge
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