Escobedo v. Fried or Boiled Seafood Inc ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ESCOBEDO, Case No. 1:23-cv-01281-ADA-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE 13 v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) 14 FRIED OR BOILED SEAFOOD INC., et al., OF THE FEDERAL RULES OF CIVIL PROCEDURE 15 Defendants. (ECF No. 4) 16 17 On November 9, 2023, Plaintiff filed a notice of voluntary dismissal of the entire action 18 with prejudice pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(i). Under Rule 19 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service 20 by the defendant of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt. 21 Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San 22 Jose, 111 F.3d 688, 692 (9th Cir. 1997)). 23 In light of the notice of dismissal, this action has been terminated, Fed. R. Civ. P. 24 41(a)(1)(A)(i); Wilson, 111 F.3d at 692, and has been dismissed with prejudice. 25 /// 26 /// 27 /// /// 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 2 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 3 4 IT IS SO ORDERED. FA. ee 5 Dated: _ November 13, 2023 " ‘ 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