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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 GEORGE AVALOS, Case No. 1:20-cv-01739-NONE-SAB

12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE 13 v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) 14 MASCOT LLC, OF THE FEDERAL RULES OF CIVIL PROCEDURE 15 Defendant. (ECF No. 12) 16 17 On April 1, 2021, a notice of voluntary dismissal was filed dismissing this action with 18 prejudice and with each party to bear its own costs and fees. “[U]nder Rule 41(a)(1)(A)(i), ‘a 19 plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant 20 of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. 21 Boeing Co., Inc.,

(9th Cir. 1999) (quoting Wilson v. City of San Jose, 111

, 692 (9th Cir. 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to 23 dismiss without a court order any defendant who has yet to serve an answer or motion for 24 summary judgment. Pedrina v. Chun,

(9th Cir. 1993). “[A] dismissal under 25 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no 26 action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to 27 do anything about it.” Commercial Space Mgmt. Co., Inc.,

. In this action, no defendant has filed an answer or other responsive pleading. 1 Accordingly, the Clerk of the Court is HEREBY DIRECTED to assign a district judge to 2 | this case for the purpose of closing the case and then to adjust the docket to reflect voluntary 3 | dismissal of this action pursuant to Rule 41(a). 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ April 2, 2021

UNITED STATES MAGISTRATE JUDGE

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