De Ayala v. Berryhill, 1:18-cv-0747-JLT. (2018)
Court: District Court, E.D. California
Number: infdco20180703927
Visitors: 17
Filed: Jun. 29, 2018
Latest Update: Jun. 29, 2018
Summary: ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION IN LIGHT OF THE NOTICE OF VOLUNTARY DISMISSAL (Doc. 7) JENNIFER L. THURSTON , Magistrate Judge . On June 28, 2018, Josefina Torres De Ayala filed a Notice of Dismissal, requesting "this matter be dismissed with prejudice." (Doc. 7) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), "the plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for su
Summary: ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION IN LIGHT OF THE NOTICE OF VOLUNTARY DISMISSAL (Doc. 7) JENNIFER L. THURSTON , Magistrate Judge . On June 28, 2018, Josefina Torres De Ayala filed a Notice of Dismissal, requesting "this matter be dismissed with prejudice." (Doc. 7) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), "the plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for sum..
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ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION IN LIGHT OF THE NOTICE OF VOLUNTARY DISMISSAL
(Doc. 7)
JENNIFER L. THURSTON, Magistrate Judge.
On June 28, 2018, Josefina Torres De Ayala filed a Notice of Dismissal, requesting "this matter be dismissed with prejudice." (Doc. 7) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i), "the plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Because the defendant had not appeared in this action or filed an answer, the action was automatically terminated. Id. Accordingly, the Court ORDERS:
1. Plaintiff's social security appeal is DISMISSED with prejudice; and
2. The Clerk of Court IS DIRECTED to close this action.
IT IS SO ORDERED.
Source: Leagle
