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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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GENEE WOODSON,

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For the Northern District of California

United States District Court

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Plaintiff,

No. 1:10-CV-02845-NJV
ORDER DISMISSING CASE

v.
HENDERSON, WEINSTEIN, WYATT
& ASSOCIATES, INC.,

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Defendant.
___________________________________/

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This action was filed on June 28, 2010, and Plaintiff filed a consent to magistrate judge
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jurisdiction on August 16, 2010. (Docket No. 6.) On October 26, 2010, Plaintiff returned the
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summons issued in this case unexecuted. (Docket no. 8.) On November 4, 2010, Plaintiff filed a
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notice of voluntary dismissal of this action without prejudice. (Docket no. 9.)
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A plaintiff may voluntarily dismiss an action without court order by filing 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). Here, Defendant was never served and thus never responded to the
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complaint. Thus, dismissal under Rule 41(a)(1)(A)(i) is proper. But see Rule 41(1)(B) (“if the
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plaintiff previously dismissed any federal- or state-court action based on or including the same
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claim, a notice of dismissal operates as an adjudication on the merits.”)
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Accordingly, this case is HEREBY DISMISSED. The Clerk is directed to close this case.
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IT IS SO ORDERED.
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Dated: March 11, 2013
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NANDOR J. VADAS
United States Magistrate Judge