Hunt v. Matevousian et al

Filing 8

ORDER GRANTING Plaintiff's 7 Request for Voluntary Dismissal; ORDER DIRECTING Clerk of Court to CLOSE CASE and Adjust Docket to Reflect Voluntary Dismissal signed by Chief Judge Lawrence J. O'Neill on 11/2/2016. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAURICE HUNT,

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Plaintiff,
v.
ANDRE MATEVOUSIAN, et al.,
Defendants.

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1:16-cv-01560-LJO-BAM (PC)
ORDER GRANTING PLAINTIFF’S
REQUEST FOR VOLUNTARY DISMISSAL
(ECF No. 7)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

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Plaintiff Maurice Hunt (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal

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Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). Plaintiff initiated this action on

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October 17, 2016. On October 31, 2016, Plaintiff filed the instant motion requesting voluntary

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dismissal of this action. (ECF No. 7).

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“[U]nder Rule 41(a)(1)(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. No

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defendant has been served in this action and no defendant has filed an answer or motion for

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summary judgment.
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Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

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case and adjust the docket to reflect voluntary dismissal of this action without prejudice pursuant

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to Rule 41(a). All pending motions, if any, are terminated.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

November 2, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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