Trujillo v. Galvan ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JOSE TRUJILLO, Case No. 1:20-cv-00104-DAD-EPG 11 Plaintiff, ORDER DISREGARDING NOTICE OF 12 VOLUNTARY DISMISSAL OF ENTIRE v. ACTION 13 14 SULEIMA FERNANDEZ GALVAN, doing (ECF No. 13) business as Mariscos Pepes, et al., 15 Defendants. 16 17 On April 14, 2020, Plaintiff Jose Trujillo (“Plaintiff”) filed a notice of voluntary 18 dismissal of this action without prejudice pursuant to Federal Rule of Civil Procedure 19 41(a)(1)(A)(i). (ECF No. 11.) The Court accordingly entered an order on April 15, 2020, 20 directing the Clerk of Court to close the case. (ECF No. 12.) 21 On November 16, 2020, Plaintiff filed a notice of voluntary dismissal of this action with 22 prejudice. (ECF No. 13.) However, this case has ended by virtue of Plaintiff’s April 14, 2020 23 notice of voluntary dismissal and the Clerk of Court has closed the case. See Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 n.4 (9th Cir. 1999) (“The voluntary filing of the 24 [Rule 41] notice therefore marks the end of the case, and an attempt to deny relief on the merits 25 and dismiss with prejudice is void; the court has no power or discretion to deny plaintiffs' right to 26 dismiss or to attach any condition or burden to that right.”) (citation and internal quotation marks 27 omitted). 1 Accordingly, Plaintiff's notice of voluntary dismissal filed on November 16, 2020 (ECF 2 | No. 13) is HEREBY DISREGARDED. 3 4 IT IS SO ORDERED. 5| Dated: _ November 18, 2020 Fahey — 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28