Smith v. Goss, et al.

Filing 9

ORDER GRANTING Plaintiff's 8 Request for Voluntary Dismissal; ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 3/25/16. CASE CLOSED. (Marrujo, C)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6
EASTERN DISTRICT OF CALIFORNIA

7
8
9

EARL SMITH,

10
11
12
13

Plaintiff,
v.
D. GOSS, et al.,
Defendants.

14

)
)
)
)
)
)
)
)
)
)
)

1:14-cv-01308-BAM (PC)
ORDER GRANTING PLAINTIFF’S
REQUEST FOR VOLUNTARY DISMISSAL
(ECF No. 8)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

15
16

Plaintiff Earl Smith is a state prisoner proceeding pro se and in forma pauperis in this

17

civil rights action. Plaintiff consented to the jurisdiction of a United States Magistrate Judge on

18

August 28, 2014. (ECF No. 5.)

19

On March 17, 2016, Plaintiff filed a document entitled “Motion For An Voluntary

20

Dismissal [sic].” Plaintiff indicates that “under Federal Rules of Civil Procedure (41) is

21

requesting a voluntary dismissal of the following case.” (ECF No. 8, p. 1.) The Court construes

22

the motion as one requesting voluntary dismissal of this action pursuant to Federal Rule of Civil

23

Procedure 41(a).

24

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

25

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

26

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

27

(quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no

28

court order is required, the parties are left as though no action had been brought, the defendant
1

1

can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at 1078. In

2

this action, no defendant has been served and no defendant has filed an answer or motion for

3

summary judgment.

4

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

5

case and adjust the docket to reflect voluntary dismissal of this action without prejudice pursuant

6

to Rule 41(a).

7
8
9

IT IS SO ORDERED.
Dated:

/s/ Barbara

March 25, 2016

10

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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