Forbes v. Youngblood, et al.

Filing 13

ORDER Regarding Plaintiff's Notice of 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 1/31/17. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT FORBES,

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Plaintiff,

ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL

v.
(ECF No. 12)
DONNEY YOUNGBLOOD, et al.,

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Defendants.

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Case No. 1:15-cv-01061-BAM (PC)

ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE AND ADJUST DOCKET TO
REFLECT VOLUNTARY DISMISSAL

Plaintiff Robert Forbes (“Plaintiff”) is a former state prisoner proceeding pro se and in

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forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on

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July 10, 2015 (ECF No. 1), and has consented to magistrate judge jurisdiction (ECF No. 5). On

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December 22, 2016, this Court dismissed the First Amended Complaint with Leave to Amend.

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(ECF No. 11).

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On January 30, 2017, Plaintiff filed a request “to withdraw both previous civil rights

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compliants [sic] on file.” (ECF No. 12, p. 1.) However, as of the date of this order, Plaintiff does

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not have any other open civil rights cases currently pending in the Eastern District of California.

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United States v. Wilson, 631 F.2d 118, 119 (9th Cir.1980) (a court may take judicial notice of its

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own records in other cases). The Court therefore limits its consideration of Plaintiff’s request to

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the instant action.

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“[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action
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prior to service by the defendant of an answer or a motion for summary judgment.” Commercial

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

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

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required, the parties are left as though no action had been brought, the defendant can’t complain,

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and the district court lacks jurisdiction to do anything about it.” Id. at 1078. There currently is no

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amended complaint on file. No defendant has been served in this action and no defendant has

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filed an answer or motion for summary judgment.

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

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

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

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 31, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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