Singh v. Crawford et al

Filing 10

ORDER CLOSING CASE In Light of 9 Notice of Voluntary Dismissal signed by District Judge Anthony W. Ishii on 12/3/2015. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAJOR SINGH,
Plaintiff

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CASE NO. 1:14-CV-00421-AWI-SMS

v.

ORDER CLOSING CASE IN LIGHT OF
NOTICE OF VOLUNTARY DISMISSAL

JONATHAN CRAWFORD, et al.,
Defendants

(Doc. No. 9)

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On December 2, 2015, Plaintiff filed a request to dismiss this action. See Doc. No. 9. The
Court construes the request as being made under Federal Rule of Civil Procedure 41(a)(1).

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Rule 41(a)(1), in relevant part, reads:
(A) . . . the plaintiff may dismiss an action without a court order by filing: (i) a
notice of dismissal before the opposing party serves either an answer or a motion
for summary judgment; or (ii) a stipulation of dismissal signed by all parties who
have appeared. . . . (B) Unless the notice or stipulation states otherwise, the
dismissal is without prejudice.
In Wilson v. City of San Jose, the Ninth Circuit explained:
Under Rule 41(a)(1), 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. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citing Hamilton
v. Shearson-Lehman American Express, 813 F.2d 1532, 1534 (9th Cir. 1987)). A
plaintiff may dismiss his action so long as the plaintiff files a notice of dismissal
prior to the defendant’s service of an answer or motion for summary judgment.
The dismissal is effective on filing and no court order is required. Id. . . . The
filing of a notice of voluntary dismissal with the court automatically terminates the
action as to the defendants who are the subjects of the notice. Concha, 62 F.2d at
1506.
Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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No answers to Plaintiff’s complaint and no motions for summary judgment have been filed
in this case and it appears that no such answers or summary judgment motions have been served.

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Because Plaintiff has exercised his right to voluntarily dismiss his complaint under Rule
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41(a)(1)(A)(i), this case has terminated. See Wilson, 111 F.3d at 692.
Accordingly, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of
Plaintiff’s Rule 41(a)(1) voluntary dismissal.

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IT IS SO ORDERED.
Dated: December 3, 2015
SENIOR DISTRICT JUDGE

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