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Hector H. Jimenez v. D. James

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 1, 2013

HECTOR H. JIMENEZ,
PLAINTIFF,
v.
D. JAMES, ET AL.,
DEFENDANT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DISMISSING THIS CASE WITHOUT PREJUDICE AND DIRECTING CLERK OF THE COURT TO CLOSE THIS ACTION PURSUANT TO RULE 41(a)

On March 29, 2013, Plaintiff filed a motion requesting that the Court dismiss this action without prejudice. (Doc. 23). Under the Federal Rules of Civil Procedure, "the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not required to effectuate the dismissal. Fed. R. Civ. Pro. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

Here, the defendants have not yet been served. As a result, Plaintiff's request for dismissal, which was filed and properly signed pursuant to Rule 41(a), "automatically terminate[d] the action." Wilson, 111 F.3d at 692.

Based upon the foregoing, IT IS HEREBY ORDERED:

1. Plaintiff's motion for dismissal without prejudice is GRANTED; and

2. The Clerk of Court is DIRECTED to close this action in light of Plaintiff's request for dismissal filed pursuant to Rule 41(a).

IT IS SO ORDERED.

20130401

© 1992-2013 VersusLaw Inc.



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