Langer v. Cooke City Raceway, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRIS LANGER, Case No. 1:21-cv-01488-JLT-SAB 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE AND DIRECTING CLERK OF COURT 13 v. TO CLOSE CASE AND ADJUST THE DOCKET TO REFLECT VOLUNTARY DISMISSAL 14 COOKE CITY RACEWAY, INC., PURSUANT TO RULE 41(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE 15 Defendant. 16 (ECF Nos. 35, 36, 37) 17 18 19 On August 12, 2022, the Court denied Plaintiff’s motion for default judgment. (ECF No. 20 34.) On September 6, 2022, the Court issued an order to show cause why monetary sanctions 21 should not issue for the failure to prosecute this action and requiring Plaintiff to file an amended 22 complaint or a notice of dismissal. (ECF No. 35.) 23 On September 12, 2022, Plaintiff filed a response to the order to show case and a notice of 24 voluntary dismissal. (ECF Nos. 36, 37.) In response to the order to show cause, Plaintiff 25 indicates he inadvertently missed the calendar deadline and apologizes to the Court. (ECF No. 26 36.) The Court is satisfied with this response and shall discharge the order to show cause. 27 Further, in light of the notice of dismissal (ECF No. 37), this action has been terminated, 28 Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and 1 | has been dismissed without prejudice. 2 Accordingly, IS IT HEREBY ORDERED that the September 6, 2022 order to show cause 3 | (ECF No. 35) is DISCHARGED. Furthermore, the Clerk of the Court is HEREBY DIRECTED 4 | to close the case and adjust the docket to reflect voluntary dismissal of this action pursuant to 5 | Rule 41(a). 6 7 IT IS SO ORDERED. DAA (e_ 8 | Dated: _September 13, 2022 _ ef 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28