Escobedo

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE ESCOBEDO, Case No. 1:23-cv-01170-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT TO

ASSIGN DISTRICT JUDGE TO CLOSE

v. CASE AND ADJUST THE DOCKET TO

REFLECT VOLUNTARY DISMISSAL

CLOVIS TIRE & WHEEL DEALERS INC, et PURSUANT TO RULE 41(a) OF THE al., FEDERAL RULES OF CIVIL PROCEDURE 15 Defendants. (ECF No. 11) 16 On January 3, 2024, Plaintiff filed a notice of voluntary dismissal of the entire action without prejudice and with each party to bear its own costs and fees. (ECF No. 11.) Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, “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)). In light of the notice of dismissal, this action has been…