Woodson v. Henderson, Weinstein, Wyatt & Associates, Inc.

Filing 11

ORDER DISMISSING CASE. Signed by Magistrate Judge Nandor J. Vadas on 3/11/13. (njvlc1, COURT STAFF) (Filed on 3/11/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 EUREKA DIVISION 8 9 GENEE WOODSON, 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. 1:10-CV-02845-NJV ORDER DISMISSING CASE v. HENDERSON, WEINSTEIN, WYATT & ASSOCIATES, INC., 13 14 Defendant. ___________________________________/ 15 This action was filed on June 28, 2010, and Plaintiff filed a consent to magistrate judge 16 jurisdiction on August 16, 2010. (Docket No. 6.) On October 26, 2010, Plaintiff returned the 17 summons issued in this case unexecuted. (Docket no. 8.) On November 4, 2010, Plaintiff filed a 18 notice of voluntary dismissal of this action without prejudice. (Docket no. 9.) 19 A plaintiff may voluntarily dismiss an action without court order by filing a notice of 20 dismissal before the opposing party serves either an answer or a motion for summary judgment. 21 Fed. R. Civ.P. 41(a)(1)(A)(i). Here, Defendant was never served and thus never responded to the 22 complaint. Thus, dismissal under Rule 41(a)(1)(A)(i) is proper. But see Rule 41(1)(B) (“if the 23 plaintiff previously dismissed any federal- or state-court action based on or including the same 24 claim, a notice of dismissal operates as an adjudication on the merits.”) 25 Accordingly, this case is HEREBY DISMISSED. The Clerk is directed to close this case. 26 IT IS SO ORDERED. 27 Dated: March 11, 2013 28 NANDOR J. VADAS United States Magistrate Judge

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