Opinion
Case No.: 1:15-cv-00889 LJO JLT
08-13-2015
CHRISTOPHER JAMES CASTENEDA, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER DIRECTING CLERK OF THE COURT TO CLOSE THIS ACTION (Doc. 8)
On August 12, 2015, Plaintiff filed a notice of his voluntary dismissal of the action. (Doc. 8) The notice relies upon Rule 41 of the Federal Rules of Civil Procedure, under which "the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment . . ." Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Based upon the foregoing, the Clerk of Court is DIRECTED to close this action in light of the notice of dismissal with prejudice filed and properly signed pursuant to Rule 41(a). IT IS SO ORDERED.
Dated: August 13 , 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE