Pickering v. California Department of Corrections, et al.

Filing 21

ORDER Regarding 20 Plaintiff's Notice of Voluntary Dismissal and ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by Magistrate Judge Barbara A. McAuliffe on 1/17/2017. CASE CLOSED. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE L. PICKERING, 12 13 14 15 Plaintiff, ORDER REGARDING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL v. (ECF No. 20) CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. 16 17 Case No. 1:13-cv-01164-DAD-BAM (PC) ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL Plaintiff Wayne L. Pickering (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on 19 July 26, 2013. (ECF No. 1.) On January 3, 2017, Plaintiff filed a notice of voluntary dismissal. 20 (ECF No. 20.) 21 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 22 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 23 Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and 24 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 25 required, the parties are left as though no action had been brought, the defendant can’t complain, 26 and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has 27 been served in this action and no defendant has filed an answer or motion for summary 28 1 1 judgment.1 2 Accordingly, the Clerk of the Court is HEREBY DIRECTED to CLOSE the file in this 3 case and adjust the docket to reflect voluntary dismissal of this action without prejudice under 4 Rule 41(a). All pending motions, if any, are terminated. 5 6 IT IS SO ORDERED. 7 Dated: /s/ Barbara January 17, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff’s motion notes that the CDCR Library ADA clerk should be questioned as to why he filed the complaint, whether he should receive some kind of warning for having done so, and whether Plaintiff may file something regarding that. However, because Plaintiff is dismissing this case, the Court need not address those questions. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?