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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JOSE ESCOBEDO, Case No. 1:24-cv-01083-SAB

12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET 13 v. TO REFLECT VOLUNTARY DISMISSAL

14 DINUZZO ENTERPRISES, LLC, et al. (ECF No. 5) 15 Defendants.

16 17 Plaintiff filed this action on September 12, 2024. (ECF No. 1). On October 7, 2024, 18 Plaintiff filed a notice of voluntary dismissal of the entire action with prejudice pursuant to Rule 19 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF No. 5.) 20 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 21 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

(9th Cir. 1999) 23 (quoting Wilson v. City of San Jose,

(9th Cir. 1997)). The Ninth Circuit has 24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 25 to serve an answer or motion for summary judgment. Pedrina v. Chun,

, 609 (9th 26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 27 the parties are left as though no action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 1 | F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. 2 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 3 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ October 8, 2024 "

UNITED STATES MAGISTRATE JUDGE

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