Price et al v. United States of America et al

Filing 22

ORDER DISMISSING ACTION. Signed by Judge Richard Seeborg on 5/2/16. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 5/2/2016)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 JENETTA L. PRICE, et al., Case No. 15-cv-04631-RS Plaintiffs, 10 v. ORDER DISMISSING ACTION United States District Court Northern District of California 11 12 UNITED STATES OF AMERICA, et al., Defendants. 13 14 15 On April 22, 2016 an order entered requiring plaintiffs to show cause why this action 16 should not be dismissed for failure to state a claim and/or for failure to prosecute. On April 25, 17 2016, plaintiffs filed a motion seeking dismissal without prejudice under Rule 41(a)(2) of the 18 Federal Rules of Civil Procedure. Because no defendant has appeared and served either an 19 answer or a motion for summary judgment, plaintiffs are entitled to dismiss their action 20 voluntarily, without court order. See Fed. R. Civ. P. 41 (a)(1)(A)(i). Accordingly, plaintiffs’ 21 “motion” will deemed to be a notice of voluntary dismissal. The Clerk is directed to close the file. 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: May 2, 2016 ______________________________________ RICHARD SEEBORG United States District Judge

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