Dunn

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, Case No. 1: 22-cv-00058-JLT-SAB 11 Petitioner, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 13 PAULINE L. DUNN, (ECF No. 8) 14 Respondent. 15 On January 12, 2022, Petitioner the United States of America filed a petition to enforce an IRS summons. (ECF No. 1.) A hearing in this matter is currently set for April 13, 2022, at 10:00 a.m., in Courtroom 9. (ECF No. 7.) On April 11, 2022, the Petitioner filed a notice of voluntary dismissal of this action. (ECF No. 8.) “[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…