Bodnar v. CDCR, et al.

Filing 22

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 6/21/2017. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 THOMAS BODNAR, Case No. 1:16-cv-01398-SAB (PC) 9 ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL Plaintiff, 10 v. 11 12 (ECF No. 21) CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 13 Defendants 14 15 Plaintiff Thomas Bodnar is proceeding pro se and in forma pauperis in this civil rights 16 action pursuant to 42 U.S.C. § 1983. On June 19, 2017, Plaintiff filed a notice of voluntary 17 dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF No. 21.) 18 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 19 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 20 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 21 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 22 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 23 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 24 Cir. 1993). 25 “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the 26 parties are left as though no action had been brought, the defendant can’t complain, and the 27 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 28 1 1 F.3d at 1078. In this action, no complaint has been served, no defendant has appeared, and no 2 defendant has filed any answer or motion for summary judgment. Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 3 4 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). It 5 is FURTHER ORDERED that all pending dates and matters in this action are VACATED. 6 7 IT IS SO ORDERED. 8 Dated: June 21, 2017 UNITED STATES MAGISTRATE JUDGE 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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