Garcia v. California Department of Corrections Medical Department of Delano

Filing 24

ORDER GRANTING Plaintiff's Motion to Withdraw Lawsuit 23 ; ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 1/25/17: Case voluntarily dismissed, without prejudice, pursuant to Rule 41(a). (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
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CORRECTIONS MEDICAL DEPARTMENT )
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OF DELANO,
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Defendant.
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1:16-cv-00237-BAM (PC)

EDWIN GARCIA,

ORDER GRANTING PLAINTIFF’S
MOTION TO WITHDRAW LAWSUIT
(ECF No. 23)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

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Plaintiff Edwin Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff initiated this action on February 19, 2016. Plaintiff

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consented to the jurisdiction of a United States Magistrate Judge. (ECF No. 8).

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On January 20, 2017, Plaintiff filed a document entitled “Motion to Withdraw 42 U.S.C.

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§ 1983 Lawsuit.” Plaintiff requests that the Court grant his motion to withdraw the complaint

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against the California Department of Corrections Medical Department of Delano. Plaintiff states

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that he will pursue his state claims and causes of action beyond the jurisdiction of this Court.

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(ECF No. 23).

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The Court construes Plaintiff’s motion as one requesting voluntary dismissal of this

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action pursuant to Federal Rule of Civil Procedure 41(a). “[U]nder Rule 41(a)(1)(i), a plaintiff

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has an absolute right to voluntarily dismiss his action prior to service by the defendant of an

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answer or a motion for summary judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing Co.,

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Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and citation omitted). “[A] dismissal under

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Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no

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action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to

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do anything about it.” Id. at 1078. In this action, there is no operative complaint on file, no

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defendant has been served and no defendant has filed an answer or motion for summary

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judgment. Accordingly, the Clerk of the Court will be directed to close the file in this case and

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adjust the docket to reflect voluntary dismissal of this action.

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Based on the foregoing, it is HEREBY ORDERED that:

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1. The Clerk of the Court is ORDERED to CLOSE the file in this case and adjust the

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docket to reflect voluntary dismissal of this action without prejudice pursuant to Rule

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41(a); and

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2. All pending motions, if any, are terminated.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 25, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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