United States v. Dunn ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No. 1: 22-cv-00058-JLT-SAB 11 Petitioner, ORDER DIRECTING CLERK OF COURT 12 TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 13 PAULINE L. DUNN, (ECF No. 8) 14 Respondent. 15 16 On January 12, 2022, Petitioner the United States of America filed a petition to enforce 17 an IRS summons. (ECF No. 1.) A hearing in this matter is currently set for April 13, 2022, at 18 10:00 a.m., in Courtroom 9. (ECF No. 7.) On April 11, 2022, the Petitioner filed a notice of 19 voluntary dismissal of this action. (ECF No. 8.) 20 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 21 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 27 the parties are left as though no action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 1 | F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. 2 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 3 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ April 11, 2022 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28