Doe
Doe v. United States Citizenship and Immigration Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN DOE, Case No. 1:21-cv-00576-NONE-SAB
Plaintiff, ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
v. TO REFLECT VOLUNTARY DISMISSAL
UNITED STATES CITIZENSHIP AND (ECF No. 13) IMMIGRATION SERVICES, et al., 15 Defendants.
17 This action was filed on April 6, 2021. (ECF No. 1.) On May 24, 2021, Plaintiff filed a 18 notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. 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 serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609…