UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 29, 2011
BARRY LOUIS LAMON,
MATTHEW L. CATE, ET AL.,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER DENYING PENDING MOTIONS AS MOOT AND DIRECTING CLERK OF THE COURT TO CLOSE THIS CASE PURSUANT TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL
(Docs. 25, 26, and 28)
On September 26, 2011, Plaintiff Barry Louis Lamon filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court no longer has jurisdiction over the claims. Id.
Accordingly, all pending motions are DENIED as moot and the Clerk of the Court is DIRECTED to close this file pursuant to Plaintiff's notice of voluntary dismissal filed on September 26, 2011.
IT IS SO ORDERED.
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