(HC) Hasan v. Jennings ( 2020 )

wOAOe VV YT MAREE MMU OO Nee Oye tv 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 | MOHAMMAD TAJBIR HASAN, No. 1:20-cv-00554-DAD-JDP (HC) 11 Petitioner, 12 v. ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THIS CASE 13 | DAVID JENNINGS, Director of the San Francisco Field Office of U.S. (Doc. No. 5) 14 | Immigration and Customs Enforcement, et 15 as Respondent. 16 17 On April 20, 2020, petitioner Mohammad Tajbir Hasan provided the court with notice that 18 | he was voluntarily dismissing this action without prejudice. (Doc. No. 5.) In light of petitioner 19 | providing this notice before an answer or motion for summary judgment was filed, the court 20 | acknowledges his voluntary dismissal of this action without prejudice pursuant to Federal Rule of 21 | Civil Procedure 41(a)(1)(A)G). See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) 22 | (“Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss his action prior to 23 || service by the defendant of an answer or a motion for summary judgment.”) (citations omitted). 24 Accordingly, the Clerk of the Court is directed to close this case and to reflect the 25 | voluntary dismissal of this action pursuant to Rule 41(a). 26 | IT IS SO ORDERED. ee *7 | Dated: _ April 27, 2020 Vila A Dred 28 UNITED STATES DISTRICT JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28