Randolph Garaux v. Cate et al

Filing 21

ORDER Granting Plaintiff's 20 Request for Voluntary Dismissal; ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by Magistrate Judge Stanley A Boone on 02/13/2013. CASE CLOSED. (Flores, E)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10
EASTERN DISTRICT OF CALIFORNIA
11
12

RANDOLPH E. GARAUX,

13
14

1:10-cv-0158-SAB (PC)

Plaintiff,

ORDER GRANTING PLAINTIFF’S REQUEST
FOR VOLUNTARY DISMISSAL

v.
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE AND ADJUST DOCKET TO
REFLECT VOLUNTARY DISMISSAL

15
MATTHEW L. CATE, et. al.,
16
Defendants.
17

(ECF No. 20)
/

18
Randolph E. Garaux (“Plaintiff”) is a state prisoner proceeding pro se and in forma
19
pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action was filed on
20
February 1, 2010. (ECF No. 1.) A first amended complaint was filed on June 3, 2011. (ECF
21
No. 12.) On October 15, 2012, an order was issued requiring Plaintiff to either file an amended
22
complaint or notify the Court of willingness to proceed only on cognizable claims. (ECF No.
23
15.) On January 8, 2013, an order was issued to dismiss claims against Defendants Cate and
24
Trimble, and to direct service for Defendant Mills. (ECF No. 18.) On February 11, 2013,
25
Plaintiff filed a notice of voluntary dismissal. (ECF No. 20.)
26
“[U]nder Rule 41(a)(1)(I), ‘a plaintiff has an absolute right to voluntarily dismiss his
27
action prior to service by the defendant of an answer or a motion for summary judgment.’”
28
1

1

Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)

2

(quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under

3

Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no

4

action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to

5

do anything about it.” Id. at 1078. No defendant has filed an answer or other responsive

6

pleading.

7

Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

8

case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).

9

IT IS SO ORDERED.

10

Dated:
i1eed4

February 13, 2013
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2