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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT FORBES, 12 13 14 Plaintiff, ORDER REGARDING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL v. (ECF No. 12) DONNEY YOUNGBLOOD, et al., 15 Defendants. 16 17 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 18 forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on 19 July 10, 2015 (ECF No. 1), and has consented to magistrate judge jurisdiction (ECF No. 5). On 20 December 22, 2016, this Court dismissed the First Amended Complaint with Leave to Amend. 21 (ECF No. 11). 22 On January 30, 2017, Plaintiff filed a request “to withdraw both previous civil rights 23 compliants [sic] on file.” (ECF No. 12, p. 1.) However, as of the date of this order, Plaintiff does 24 not have any other open civil rights cases currently pending in the Eastern District of California. 25 United States v. Wilson, 631 F.2d 118, 119 (9th Cir.1980) (a court may take judicial notice of its 26 own records in other cases). The Court therefore limits its consideration of Plaintiff’s request to 27 the instant action. 28 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 1 1 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 2 Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and 3 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 4 required, the parties are left as though no action had been brought, the defendant can’t complain, 5 and the district court lacks jurisdiction to do anything about it.” Id. at 1078. There currently is no 6 amended complaint on file. No defendant has been served in this action and no defendant has 7 filed an answer or motion for summary judgment. 8 Accordingly, the Clerk of the Court is HEREBY DIRECTED to CLOSE the file in this 9 case and adjust the docket to reflect voluntary dismissal of this action without prejudice under 10 Rule 41(a). All pending motions, if any, are terminated. 11 12 13 IT IS SO ORDERED. Dated: /s/ Barbara January 31, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?