Taylor

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EDWARD T. TAYLOR, III, et al., Case No. 1:21-cv-00325-NONE-SAB

Plaintiffs, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST DOCKET

v. TO REFLECT VOLUNTARY DISMISSAL

STEPHANIE J. TAYLOR, et al., (ECF No. 7) Defendants.

16 This action was filed on March 4, 2021. (ECF No. 1.) On April 23, 2021, a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure was filed. As the document was filed as a motion to dismiss, a minute order was inadvertently entered continuing the scheduling conference to December 7, 2021. “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to…