Barno v. Lopez et al

Filing 24

ORDER Regarding Plaintiff's Notice of Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 07/07/17. CASE CLOSED (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY BARNO, 12 13 14 15 Plaintiff, Case No. 1:16-cv-00576-DAD-BAM (PC) ORDER REGARDING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL v. (ECF No. 23) DAVID LOPEZ, et al., Defendants. 16 17 Plaintiff Rodney Barno (“Plaintiff”) is a state prisoner 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 February 18, 2014. On July 5, 2017, Plaintiff filed a notice of voluntary dismissal, with 20 prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 23.) 21 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 22 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 23 Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and 24 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 25 required, the parties are left as though no action had been brought, the defendant can’t complain, 26 and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has 27 been served in this action and no defendant has filed an answer or motion for summary 28 judgment. Additionally, pursuant to Plaintiff’s notice of voluntary dismissal, the dismissal is with 1 1 2 prejudice. Fed. R. Civ. P. 41(a)(1)(B). Accordingly, the Clerk of the Court is HEREBY DIRECTED to CLOSE the file in this 3 case and adjust the docket to reflect voluntary dismissal of this action, with prejudice, under Rule 4 41(a). All pending motions, if any, are terminated. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara July 7, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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