United States of America for the Use and Benefit of Kelley's Underground Construction, Inc. v. Miracle One Builders, Inc., 1:22-cv-01338-EPG

1:22-cv-01338-EPG | E.D. Cal. | Jan 20, 2023

Case 1:22-cv-01338-EPG Document 7 Filed 01/20/23 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA for the Case No. 1:22-cv-01338-EPG use and benefit of KELLEY’S UNDERGROUND CONSTRUCTION ORDER DIRECTING CLERK OF COURT TO INC., a California corporation, CLOSE CASE IN LIGHT OF PLAINTIFF’S

NOTICE OF VOLUNTARY DISMISSAL Plaintiff, (ECF No. 6). v. MIRACLE ONE BUILDERS, INC., a California corporation, et al. ,

Defendants. This matter is before the Court on Plaintiff’s notice of voluntary dismissal with prejudice (ECF No. 6), pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendants have not filed an answer or motion for summary judgment. In light of the voluntary dismissal, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(i), and has been dismissed with prejudice. See Wilson v. City of San Jose , 111 F.3d 688" date_filed="1997-04-15" court="9th Cir." case_name="Pete Wilson v. City of San Jose City of Los Angeles">111 F.3d 688, 692 (9th Cir. 1997).

Accordingly, the Clerk of Court is respectfully directed to close the case. IT IS SO ORDERED. Dated: January 20, 2023 /s/

UNITED STATES MAGISTRATE JUDGE 1