Mosongo

Mosongo v. United States Citizenship and Immigration Services

Good Law
United States District Court, Eastern District of CaliforniaDecember 13, 20241:24-cv-00822California356 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 AMBER MOSONGO, Case No. 1:24-cv-00822-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 13 UNITED STATES CITIZENSHIP AND (ECF No. 9) IMMIGRATION SERVICES, et al., 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., 193 F.3d 1074, 1077 (9th Cir. 1999) 22 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (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…

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