Hall v. Cate et al

Filing 18

ORDER signed by Magistrate Judge Sandra M. Snyder on 5/10/2011 granting 17 Motion request for voluntary dismissal. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TONY HALL,

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CASE NO. 1:10-cv-01601-LJO-SMS PC
Plaintiff,

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ORDER GRANTING PLAINTIFF’S REQUEST
FOR VOLUNTARY DISMISSAL

v.
(ECF No. 17)

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MATTHEW CATE,

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

Defendants.

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Plaintiff Tony Hall (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. This action was filed on August 30, 2010. On April 7, 2011, the

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Court issued an order to show cause why this action should not be dismissed for failure to comply

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with a court order. (ECF No. 16.) On May 6, 2011, Plaintiff filed a motion for voluntary dismissal.

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(ECF No. 17.)

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“[U]nder Rule 41(a)(1)(I), ‘a plaintiff has an absolute right to voluntarily dismiss his action

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prior to service by the defendant of an answer or a motion for summary judgment.’” Commercial

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

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City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under Rule 41(a)(1) is effective

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on filing, no court order is required, the parties are left as though no action had been brought, the

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defendant can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at

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1078. No defendant has filed an answer or other responsive pleading.

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Accordingly, it is HEREBY ORDERED that :

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The Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and

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

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and

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2.

All pending motions are terminated.

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IT IS SO ORDERED.

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Dated:
icido3

May 10, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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