Moreno v. State of California North Kern State Prison

Filing 12

ORDER DIRECTING Clerk of the Court to Close This Case Pursuant to Plaintiff's Notice of Voluntary Dismissal 11 , signed by District Judge Anthony W. Ishii on 5/7/15. (CASE CLOSED) (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCHELL F. MORENO,
Plaintiff,

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Case No. 1:15-cv-00358 AWI DLB PC
ORDER DIRECTING CLERK OF THE
COURT TO CLOSE THIS CASE
PURSUANT TO PLAINTIFF=S NOTICE OF
VOLUNTARY DISMISSAL

v.
STATE OF CALIFORNIA NORTH KERN
STATE PRISON,

[ECF No. 11]

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Defendant.
_____________________________________/
Plaintiff Mitchell F. Moreno is a California state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on
March 6, 2015.
On May 6, 2015, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of
Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to
dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267
F.3d 1042, 1049 (9th Cir. 2001).

Filing a notice of dismissal with the court automatically

terminates the action, and the Court no longer has jurisdiction over the claims. Id.; Concha v.
London, 62 F.3d 1493, 1506 (9th Cir. 1995). “[A] dismissal under Rule 41(a)(1) is effective on
filing, no court order is required, the parties are left as though no action had been brought, the
defendant can’t complain, and the district court lacks jurisdiction to do anything about it.”
Commercial Space Management Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1078 (9th Cir.

1 1999).
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Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to

3 Plaintiff=s notice of voluntary dismissal filed on May 6, 2015.
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IT IS SO ORDERED.

6 Dated: May 7, 2015

SENIOR DISTRICT JUDGE

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