Lopez v. Pratt et al

Filing 12

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 08/02/2017. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS FRANCISCO LOPEZ,

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Plaintiff,

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v.

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PRATT, et al.,

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Defendants.

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1:15-cv-01886-DAD-BAM (PC)
ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL
(ECF No. 11)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

Plaintiff Carlos Francisco Lopez is proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
On July 31, 2017, Plaintiff filed a notice of voluntary dismissal, stating that he is
voluntarily dismissing this action in its entirety, with prejudice. (ECF No. 11.)

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

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

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

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

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

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can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at 1078. In

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this case, no defendant has been served in this action and no defendant has filed an answer or

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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, with prejudice, under Rule

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41(a)(1)(A)(i). All pending motions and deadlines, if any, are terminated.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 2, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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