Thorntonv.Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIAJun 3, 2014
Case No. 1:14-cv-00542-SAB (E.D. Cal. Jun. 3, 2014)

Case No. 1:14-cv-00542-SAB

06-03-2014

JULIETA LUMPAYAO THORNTON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER DISMISSING ACTION PURSUANT

TO FED. R. CIV. P. 41(a)


(ECF No. 9)

Plaintiff Julieta Lumpayao Thornton filed this action on April 17, 2014 seeking review of the decision denying Social Security benefits. (ECF No. 1.) On June 2, 2014, Plaintiff filed a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and (a)(1)(B). (ECF No. 9.) The parties have consented to the jurisdiction of the Magistrate Judge. (ECF Nos. 7, 8.)

"[U]nder Rule 41(a)(1)(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)). "[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can't complain, and the district court lacks jurisdiction to do anything about it." Id. at 1078.

Accordingly, IT IS HEREBY ORDERED that this action is DISMISSED without prejudice, and each party shall bear its own fees, costs and expenses. The Clerk of the Court is directed to close this action. IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE