Morton v. Murata

Filing 5

ORDER DISMISSING CASE. Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 GARY A. MORTON,
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Plaintiff,

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v.

No. 2:15-cv-00277-SAB

ORDER DISMISSING CASE

12 JASON MURATA,
Defendant.

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On February 27, 2017 the Court issued an order to show cause, as no

16 activity had occurred in this case in over one year. Plaintiff timely responded on
17 March 6, 2017 and indicated to the Court that an action on the facts of this case is
18 currently being pursued in a Hawaii state court. Plaintiff asks that this case be
19 terminated.
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Under Fed. R. Civ. P. 41(a)(1)(A), a Plaintiff may voluntarily dismiss a

21 claim when the opposing party has not filed an answer or a motion for summary
22 judgment. The Court grants Plaintiff’s request and dismisses the case without
23 prejudice according to Fed. R. Civ. P. 41(a)(1)(B).
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ORDER DISMISSING CASE ^ 1

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Accordingly, IT IS HEREBY ORDERED that:

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1. The case and all of Plaintiff’s claims are hereby DISMISSED

3 WITHOUT PREJUDICE.
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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

5 forward copies to counsel, and CLOSE the file.
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DATED this 6th day of March, 2017.

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Stanley A. Bastian

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United States District Judge

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ORDER DISMISSING CASE ^ 2