United States of America for the Use and Benefit of Kelley's Underground Construction, Inc. v. Miracle One Builders, Inc. ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 | UNITED STATES OF AMERICA for the Case No. 1:22-cv-01338-EPG use and benefit of KELLEY’S 11 | UNDERGROUND CONSTRUCTION ORDER DIRECTING CLERK OF COURT TO INC., a California corporation, CLOSE CASE IN LIGHT OF PLAINTIFF’S 12 NOTICE OF VOLUNTARY DISMISSAL 13 Plaintiff, (ECF No. 6). 14 v. 15 MIRACLE ONE BUILDERS, INC., a California corporation, et al., 16 Defendants. 17 18 19 This matter is before the Court on Plaintiff’s notice of voluntary dismissal with prejudice 20 (ECF No. 6), pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendants have not filed an answer or motion for summary judgment. In light of the voluntary dismissal, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(), and has been dismissed with prejudice. See 73 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is respectfully directed to close the case. IT IS SO ORDERED. 25 26 | Dated: _ January 20, 2023 [sf ey 37 UNITED STATES MAGISTRATE JUDGE 28