Trujillo v. Ahmed et al

Filing 11

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1), signed by Magistrate Judge Stanley A. Boone on 12/15/16. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOSE TRUJILLO,
Plaintiff,

12
13
14

Case No. 1:16-cv-01366-AWI-SAB
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL
PURSUANT TO FED. R. CIV. P. 41(a)(1)

v.
SALEH AHMED, et al.,

(ECF No. 10)
15

Defendants.

16
17

On December 13, 2016, Plaintiff filed a notice of voluntary dismissal pursuant to Rule

18 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Plaintiff’s notice states that the action is
19 dismissed in its entirety with prejudice.
20

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

21 action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
27 the parties are left as though no action had been brought, the defendant can’t complain, and the
28 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
1

1 F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading.
Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

2

3 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).
4
5

IT IS SO ORDERED.

6 Dated:

December 15, 2016
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