Olive v. Harrington et al

Filing 16

ORDER Regarding Plaintiff's Notice of Voluntary Dismissal 15 ; ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 6/16/17: This action is dismissed without prejudice pursuant to Rule 41(a). All pending motions, if any, are terminated. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAMIEN DWAYNE OLIVE, 12 13 14 15 Plaintiff, ORDER REGARDING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL v. (ECF No. 15) KELLY HARRINGTON, et al., Defendants. 16 17 Case No. 1:15-cv-01276-BAM (PC) ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL Plaintiff Damien Dwayne Olive (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff has consented to 19 magistrate judge jurisdiction. (ECF No. 5.) On May 12, 2017, the Court issued a screening order 20 21 dismissing Plaintiff’s complaint for failure to state a claim, with leave to amend. (ECF No. 14.) Currently before the Court is Plaintiff’s motion to dismiss this action, without prejudice to refiling 22 the action. (ECF No. 15.) 23 24 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.” 25 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 26 (quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no 27 court order is required, the parties are left as though no action had been brought, the defendant 28 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). All pending motions, if any, are terminated. 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara June 16, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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