Lewis v. IRS

Opinion

1 2 3 4 5 6 9 10 DEANDRE LEWIS, Case No. 1:21-cv-01653-JLT-EPG 11 Plaintiff, 12 v. ORDER VACATING FINDINGS AND RECOMMENDATIONS, DIRECTING 13 IRS, et al., CLERK OF COURT TO CLOSE CASE IN LIGHT OF PLAINTIFF’S NOTICE OF 14 Defendants. VOLUNTARY DISMISSAL 15 (ECF Nos. 23, 24) 16 17 18 19 On June 1, 2022, this Court issued findings and recommendations, recommending that 20 this action be dismissed for lack of jurisdiction and without further leave to amend. (ECF No. 23). 21 Plaintiff was given twenty-one days to file any objections. 22 On June 14, 2022, Plaintiff filed “objections” and a notice of voluntary dismissal. (ECF 23 No. 24). Plaintiff’s filing states that he “can see that [the] Court do[es] not have jurisdiction[] 24 over this suit,” and asks to dismiss this case without prejudice so that he can file a “claim in the 25 proper court.” (Id. at 1-2). 26 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendants have not filed 27 an answer or motion for summary judgment, this action has been terminated as voluntarily 28 dismissed without prejudice by Plaintiff. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th 1 | Cir. 1997). 2 Accordingly, in light of the notice of voluntary dismissal, IT IS ORDERED as follows: 3 1. The Court’s June 1, 2022, findings and recommendations are vacated (ECF No. 4 23); and, 5 2. The Clerk of Court is respectfully directed to close the case. 6 8] Dated: _ June 15, 2022 [sf ey 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28