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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JOSE ESCOBEDO, Case No. 1:23-cv-01170-SAB

12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE TO CLOSE 13 v. CASE AND ADJUST THE DOCKET TO REFLECT VOLUNTARY DISMISSAL 14 CLOVIS TIRE & WHEEL DEALERS INC, et PURSUANT TO RULE 41(a) OF THE al., FEDERAL RULES OF CIVIL PROCEDURE 15 Defendants. (ECF No. 11) 16 17 On January 3, 2024, Plaintiff filed a notice of voluntary dismissal of the entire action 18 without prejudice and with each party to bear its own costs and fees. (ECF No. 11.) Under Rule 19 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, “a plaintiff has an absolute right to 20 voluntarily dismiss his action prior to service by the defendant of an answer or a motion for 21 summary judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

, 22 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose,

(9th Cir. 1997)). 23 In light of the notice of dismissal, this action has been terminated, Fed. R. Civ. P. 24 41(a)(1)(A)(i); Wilson v. City of San Jose,

, and has been dismissed without 25 prejudice and without an award of costs or attorneys’ fees. 26 / / / 27 / / / / / / 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: _ January 4, 2024 "

UNITED STATES MAGISTRATE JUDGE

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