Dhaliwal

Dhaliwal v. U.S. Citizenship and Immigration Services

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20231:22-cv-00659California342 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KARAMJIT KAUR DHALIWAL, Case No. 1:22-cv-00659-ADA-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST DOCKET

v. TO REFLECT VOLUNTARY DISMISSAL

ALEJANDRO MAYORKAS, et al., (ECF No. 18) Defendants.

16 This action was filed on June 1, 2022. (ECF No. 1.) On April 18, 2023, Plaintiff filed a 17 notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. 18 (ECF No. 18.) 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 (9th 25…

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