Opinion
Case No. 1:16-cv-00309 AWI JLT
05-12-2016
ARTHUR OWENS, Plaintiff, v. MEXICALI, INC. dba MEXICALI RESTAURANT., Defendant.
ORDER CLOSING CASE
(Doc. 11)
On May 10, 2016, Plaintiff filed a voluntary dismissal of the entire action. (Docs. 11) Plaintiff notes that no defendant has appeared in the action. Furthermore, he 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 the notice is filed, no further action by the Court is required. Fed. R. Civ. P. 41(a)(1)(h); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this action in light of the voluntary dismissal with prejudice filed and properly signed pursuant to Rule 41. IT IS SO ORDERED.
Dated: May 12 , 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE