Ronje v. Kramer, et al.

Filing 11

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 12/23/2016 regarding 10 Notice of Voluntary Dismissal. CASE CLOSED.(Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

EDWARD RONJE,

12
13
14
15

Plaintiff,

ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL

v.
(ECF No. 10)
NORM KRAMER, et al.,
Defendants.

16
17

Case No. 1:15-cv-01753-LJO-BAM (PC)

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

Plaintiff Edward Ronje (“Plaintiff”) is a civil detainee proceeding pro se and in forma

18

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

19

November 19, 2015. (ECF No. 1.) On December 22, 2016, Plaintiff filed a notice of voluntary

20

dismissal of this action. (ECF No. 10.)

21

“[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss

22

his action prior to service by the defendant of an answer or a motion for summary judgment.”

23

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

24

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

25

court order is required, the parties are left as though no action had been brought, the defendant

26

can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No

27

defendant has been served in this action and no defendant has filed an answer or motion for

28

summary judgment.
1

1

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

2

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

3

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

4
5
6

IT IS SO ORDERED.
Dated:

/s/ Barbara

December 23, 2016

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2