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7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 AMBER MOSONGO, Case No. 1:24-cv-00822-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT 12 TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 13 UNITED STATES CITIZENSHIP AND (ECF No. 9) 14 IMMIGRATION SERVICES, et al., 15 Defendants.

16 Plaintiff commenced this action on July 16, 2024. (ECF No. 1). On December 12, 2024, 17 Plaintiff filed a notice of voluntary dismissal of the entire action pursuant to Rule 41(a)(1)(A)(i) 18 of the Federal Rules of Civil Procedure. (ECF No. 9.) 19 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 20 action prior to service by the defendant of an answer or a motion for summary judgment.’” 21 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

(9th Cir. 1999) 22 (quoting Wilson v. City of San Jose,

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

, 609 (9th 25 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 26 the parties are left as though no action had been brought, the defendant can’t complain, and the 27 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, other responsive pleading, or 2 | motion for summary judgment. 3 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 4 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 5 6 7 IT IS SO ORDERED. FA. Se g | Dated: _ December 13, 2024 STANLEY A. BOONE 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28