Mojarro v. Barr ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SABAS ORTIZ MOJARRO, Case No. 1:20-cv-00126-DAD-SAB 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE AND DIRECTING CLERK 13 v. OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT 14 WILLIAM BARR, et al., VOLUNTARY DISMISSAL 15 Defendants. (ECF Nos. 12, 13, 14) 16 17 Plaintiff Sabas Ortiz Mojarro filed complaint in this action seeking review of his 18 Naturalization Application by the United States Citizenship and Immigration Services. On April 19 8, 2020, an order was filed requiring Plaintiff to file either proof of service or notice of the status 20 of service on the defendants within five days. When no response was filed, an order was filed on 21 April 14, 2020 requiring Plaintiff to show cause why sanctions should not issue for the failure to 22 comply with the April 8, 2020 order. On April 15, 2020, a response to the order to show cause 23 and a notice of voluntary dismissal were filed. 24 The Court has reviewed Plaintiff’s response to the order to show cause and it shall be 25 discharged. 26 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 27 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) wOAOe UVM EO EAL SEAR MUO, PIR a ee YY ee 1 | (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 2 | held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 3 | to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 4 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 5 | the parties are left as though no action had been brought, the defendant can’t complain, and the 6 | district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 7 | F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. 8 Accordingly, IT IS HEREBY ORDERED THAT: 9 1. The order to show cause, filed April 14, 2020 is DISCHARGED; and 10 2. The Clerk of the Court is DIRECTED to CLOSE the file in this case and adjust 11 the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 12 B IT IS SO ORDERED. DAM Le 14 | Dated: _ April 16, 2020 Is UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28