Stone v. Perez et al

Filing 9

ORDER Directing Clerk of the Court to Close This Case Pursuant to 8 Plaintiff's Notice of Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 3/29/2016. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NEIL EDWARD STONE,

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Plaintiff,

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v.

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E. PEREZ, et al.,

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Defendants.

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Case No.: 1:15-cv-01571-SAB (PC)
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS CASE PURSUANT TO
PLAINTIFF=S NOTICE OF VOLUNTARY
DISMISSAL
[ECF No. 8]

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Plaintiff Neil Edward Stone is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of

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the United States magistrate judge on November 2, 2015. Local Rule 302.

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On March 28, 2016, Plaintiff filed a notice entitled “non[-]opposition to motion to dismiss.”

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(ECF No. 8.) Plaintiff states that although he feels “his claims could have been made cognizable … he

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feels that his time at this moment could be better spent in the assistance of others.” (Id.)

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Pursuant to Federal Rule of Civil Procedure 41, “… plaintiff may dismiss an action without a

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court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a

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motion for summary judgment….” Fed. R. Civ. P. 41(a)(1)(i). Thus, at this stage in the proceedings,

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Plaintiff has the absolute right to dismiss his claims, without prejudice. Duke Energy Trading &

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Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the

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effect of closing the action, and the Court no longer has jurisdiction over the claims. Id.
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Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to

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Plaintiff=s notice of voluntary dismissal filed on March 28, 2016.

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IT IS SO ORDERED.

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Dated:

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March 29, 2016
UNITED STATES MAGISTRATE JUDGE

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