Alo v. Clovis Police Department ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ALCAPONE ALO, Case No. 1:23-cv-00273-EPG 11 Plaintiff, 12 Vv. ORDER RE: NOTICE OF VOLUNTARY DISMISSAL 13 CLOVIS POLICE DEPARTMENT, (ECF No. 4) 14 Defendant. 15 16 This matter is before the Court on Plaintiff’s notice of voluntary dismissal (ECF No. 4), 17 || pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)@), as Defendant has not filed an answer 1g | Ora motion for summary judgment. In light of the voluntary dismissal, this action has been 19 terminated, Fed. R. Civ. P. 41(a)(1)(A)G), and has been dismissed. See Wilson v. City of San Jose, 0 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is respectfully directed to close the case. IT IS SO ORDERED. 22 53 | Dated: _ March 16, 2023 [spe ey — UNITED STATES MAGISTRATE JUDGE 24 25 26 | | The notice does not specific whether the dismissal is with or without prejudice. However, in most circumstances, an unspecified dismissal is without prejudice. Fed. R. Civ. P. 4(a)(1)(B) (“Unless the notice 27 | or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an 28 adjudication on the merits.”’).