Escobedo v. Northern Village Associates, LP ( 2024 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 91 JOSE ESCOBEDO, Case No. 1:23-cv-01364-NODJ-SAB 10 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE DOCKET 11 V. TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) OF THE 12 | NORTHERN VILLAGE ASSOCIATES, LP, et | FEDERAL RULES OF CIVIL PROCEDURE al., 13 (ECF No. 26) Defendants. 14 15 On February 26, 2024, Plaintiff filed a notice of voluntary dismissal of the entire action. 16 | No. 26.) Under Rule 41(a)(1)(A)G) of the Federal Rules of Civil Procedure, “a plaintiff 17 | has an absolute right to voluntarily dismiss his action prior to service by the defendant of an 18 | answer or a motion for summary judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing Co., 19 | Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 20 | (9th Cir. 1997)). 1 In light of the notice of dismissal, this action has been terminated, Fed. R. Civ. P. 22 | 41(a)(1)(A)G); Wilson v. City of San Jose, 111 F.3d at 692, and has been dismissed. 23 IT IS SO ORDERED. 24 FA. 95 | Dated: _ February 27, 2024 ; UNITED STATES MAGISTRATE JUDGE 26 27 28