Kumar v. Bardini ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KULDEEP KUMAR, Case No. 1:23-cv-01658-NODJ-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT 13 TO ASSIGN DISTRICT JUDGE TO CLOSE v. CASE AND ADJUST THE DOCKET TO 14 REFLECT VOLUNTARY DISMISSAL EMILIA BARDINI, et al., PURSUANT TO RULE 41(a) OF THE 15 FEDERAL RULES OF CIVIL PROCEDURE Defendants. 16 (ECF No. 8) 17 18 On February 16, 2024, Plaintiff filed a notice of voluntary dismissal of the entire action 19 without prejudice. (ECF No. 9.) Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil 20 Procedure, “a plaintiff has an absolute right to voluntarily dismiss his action prior to service by 21 the defendant of an answer or a motion for summary judgment.” Commercial Space Mgmt. Co., 22 Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San 23 Jose, 111 F.3d 688, 692 (9th Cir. 1997)). 24 In light of the notice of dismissal, this action has been terminated, Fed. R. Civ. P. 25 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d at 692, and has been dismissed without 26 prejudice. 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: _ February 20, 2024 ‘ 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