Sanchez v. Johnson ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PATRIZIA SANCHEZ, individually and Case No. 1:22-cv-01091-JLT-EPG as Guardian ad Litem of J.G.1 and J.G.2, 12 minors, 13 Plaintiff, ORDER RE: NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE 14 v. (ECF No. 12) 15 KIM JOHNSON, et al., 16 Defendants. 17 18 This matter is before the Court on Plaintiffs’ notice of voluntary dismissal (ECF No. 12), 19 without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendants have 20 not filed an answer or a motion for summary judgment.1 In light of the voluntary dismissal, this 21 action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(i), and has been dismissed without 22 prejudice. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 23 \\\ 24 \\\ 25 1 The Court notes that Defendants have filed a motion to dismiss (ECF No. 9); however, Plaintiff still has 26 the right to dismiss this case. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Under Rule 41(a)(1), a plaintiff has an absolute right voluntarily to dismiss his action prior to service by the defendant 27 of an answer or a motion for summary judgment. Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”) 28 (internal citations omitted). 1 Accordingly, the Clerk of Court is respectfully directed to close the case. 2 3 IT IS SO ORDERED. 4 Dated: _ November 8, 2022 [sf ey 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28