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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANJINDER SINGH, Case No. 1:23-cv-01533-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT 13 TO ASSIGN DISTRICT JUDGE TO CLOSE v. CASE AND ADJUST THE DOCKET TO 14 REFLECT VOLUNTARY DISMISSAL ALEJANDRO MAYORKAS, PURSUANT TO RULE 41(a) OF THE 15 FEDERAL RULES OF CIVIL PROCEDURE Defendant. 16 (ECF No. 9)

17 18 On January 11, 2024, Plaintiff filed a notice of voluntary dismissal of the entire action 19 without prejudice and with each party to bear its own costs and fees. (ECF No. 9.) Under Rule 20 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, “a plaintiff has an absolute right to 21 voluntarily dismiss his action prior to service by the defendant of an answer or a motion for 22 summary judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

, 23 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose,

(9th Cir. 1997)). 24 In light of the notice of dismissal, this action has been terminated, Fed. R. Civ. P. 25 41(a)(1)(A)(i); Wilson v. City of San Jose,

, and has been dismissed without 26 prejudice and without an award of costs or attorneys’ fees. 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 11, 2024 "

UNITED STATES MAGISTRATE JUDGE

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