Aboukloub v. Nielsen ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ZIAD EISSA MOHAMED ALY Case No. 1:19-cv-00453-DAD-SAB ABOUKLOUB, 12 ORDER DISCHARGING ORDER TO Plaintiff, SHOW CAUSE 13 v. ORDER DIRECTING CLERK OF COURT 14 TO CLOSE CASE AND ADJUST DOCKET KIRSTJEN NIELSEN, et al., TO REFLECT VOLUNTARY DISMISSAL 15 Defendants. (ECF Nos. 19, 20) 16 17 Plaintiff Ziad Eissa Mohamed Aly Abukloub filed this action on April 8, 2019 against 18 Defendants Kirstjen Nielsen, L. Francis Cissna, and Sarah M. Kendall seeking a writ of 19 mandamus, injunctive relief, and declaratory relief. (ECF No. 1.) On December 4, 2019, the 20 Court ordered Defendants to show cause as to why default should not be entered for the failure to 21 file a responsive pleading in this matter. (ECF No. 19.) On the same date, Plaintiff filed a notice 22 of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), and informed 23 the Court that Defendants have already granted the relief that Plaintiff sought in this action. 24 (ECF No. 20.) Accordingly, the Court shall dismiss the action and discharge the order to show 25 cause. 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) 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. 8 Based on the foregoing, the order to show cause, filed on December 4, 2019, is HEREBY 9 | DISCHARGED. Further, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in 10 | this case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 11 Db IT IS SO ORDERED. DAM Le 13 | Dated: _December 5, 2019 _ 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28