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Louis Aguilar, Jr v. Warden P. L. Vasquez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 27, 2012

LOUIS AGUILAR, JR.,
PLAINTIFF,
v.
WARDEN P. L. VASQUEZ, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTION TO SEAL RECORD, DENYING PENDING MOTIONS AS MOOT, AND DIRECTING CLERK OF THE COURT TO CLOSE THIS CASE PURSUANT TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL (Docs. 6, 7, 9, and 13)

On November 26, 2012, Plaintiff Louis Aguilar, Jr. filed a motion to seal the record and 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. Therefore, the Court will direct the Clerk's Office to close this case.

With respect to Plaintiff's motion to seal the record, filings in cases such as this are a matter of public record absent compelling justification. United States v. Stoterau, 524 F.3d 988, 1012 (9th Cir. 2008). Given the absence of sufficiently exceptional circumstances warranting relief, Plaintiff's motion to seal must be denied. Id.

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's motion to seal the record is DENIED;

2. Plaintiff's pending motions for preliminary injunctive relief and to amend are DENIED as moot; and

3. The Clerk of the Court is HEREBY DIRECTED to close this file pursuant to Plaintiff's notice of voluntary dismissal filed on November 26, 2012.

IT IS SO ORDERED.

20121127

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