Crounse v. California Department of Corrections and Rehabilitation, 1:18-cv-1177-DAD-JLT. (2018)
Court: District Court, E.D. California
Number: infdco20181127813
Visitors: 5
Filed: Nov. 21, 2018
Latest Update: Nov. 21, 2018
Summary: ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION IN LIGHT OF THE NOTICE OF VOLUNTARY DISMISSAL (Doc. 8) JENNIFER L. THURSTON , Magistrate Judge . On November 20, 2018, Plaintiff filed a Notice of Dismissal, indicating that he was dismissing the action without prejudice. (Doc. 8 at 1) 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 fo
Summary: ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION IN LIGHT OF THE NOTICE OF VOLUNTARY DISMISSAL (Doc. 8) JENNIFER L. THURSTON , Magistrate Judge . On November 20, 2018, Plaintiff filed a Notice of Dismissal, indicating that he was dismissing the action without prejudice. (Doc. 8 at 1) 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..
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ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS ACTION IN LIGHT OF THE NOTICE OF VOLUNTARY DISMISSAL
(Doc. 8)
JENNIFER L. THURSTON, Magistrate Judge.
On November 20, 2018, Plaintiff filed a Notice of Dismissal, indicating that he was dismissing the action without prejudice. (Doc. 8 at 1) 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 or filed an answer, the action was automatically terminated. Id.
Accordingly, the Court ORDERS:
1. Plaintiff's complaint is DISMISSED with prejudice; and
2. The Clerk of Court IS DIRECTED to close this action.
IT IS SO ORDERED.
Source: Leagle
