Lykins v. GMAC Mortgage, LLC et al

Filing 42

ORDER DISCHARGING ORDER TO SHOW CAUSE AND CLOSING CASE. Signed by Magistrate Judge Jacqueline Scott Corley on 4/17/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 4/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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ALEXANDER A. LYKINS,
Plaintiff,

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Case No.: C-12-04389 JSC
ORDER DISCHARGING ORDER TO
SHOW CAUSE AND CLOSING CASE

v.

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GMAC MORTGAGE, LLC, et al.,
Defendants.

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In light of Plaintiff’s notice of voluntary dismissal of this action pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(i), (Dkt. No. 41), the Court hereby discharges the Order to Show Cause,

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(Dkt. No. 39). Pursuant to Rule 41(a), a plaintiff may dismiss an action without a court order by

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filing “a notice of dismissal before the opposing party serves either an answer or a motion for

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summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i); see also Wilson v. City of San Jose, 111 F.3d

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688, 692 (9th Cir. 1997) (“Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily

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dismiss his action prior to service by the defendant of an answer or a motion for summary

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judgment.”) Because no party has filed or served an answer or a motion for summary judgment,

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Plaintiff’s notice of voluntary dismissal operates automatically as a dismissal of this action. The

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Court accordingly orders the Clerk to close this case.

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IT IS SO ORDERED.

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Dated: April 17, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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