Patino v. King

Filing 8

ORDER Granting 7 Plaintiff's 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 04/10/15. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIP PATINO,

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Plaintiff,
v.
AUDREY KING, et al.,
Defendants.

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1:14-cv-02040-BAM (PC)
ORDER GRANTING PLAINTIFF’S
REQUEST FOR VOLUNTARY DISMISSAL
(ECF No. 7)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

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Plaintiff Phillip Patino (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff initiated this action on December 22, 2014. Plaintiff

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consented to the jurisdiction of a United States Magistrate Judge. (ECF No. 4.)

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On March 19, 2015, the Court screened Plaintiff’s complaint with leave to amend within
thirty days. (ECF No. 6.)

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On April 9, 2015, Plaintiff filed a document entitled “Motion to Withdraw Complaint

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Without Prejudice.” Plaintiff requests “dismissal without prejudice.” (ECF No. 7, p. 1.) The

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Court construes the motion as one requesting voluntary dismissal of this action pursuant to

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Federal Rule of Civil Procedure 41(a).

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

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

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

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(quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no
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court order is required, the parties are left as though no action had been brought, the defendant

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

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this action, there is no operative complaint on file, no defendant has been served, and no

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defendant has filed an answer or motion for summary judgment.

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

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

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to Rule 41(a). All pending motions, if any, are terminated.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 10, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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