Michael Jacobsen v. Pool

Filing 32

ORDER Regarding Plaintiff's Motion to Dismiss Action 31 , signed by Magistrate Judge Barbara A. McAuliffe on 5/16/2018: This action is terminated by operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to terminate all pending motions and deadlines, and close this case. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JACOBSEN,

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Plaintiff,

Case No. 1:16-cv-01760-LJO-BAM (PC)
ORDER REGARDING PLAINTIFF’S
MOTION TO DISMISS ACTION

v.
(ECF No. 31)
POOL, et al.,
Defendants.

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Plaintiff Michael Jacobsen (“Plaintiff”) is a county jail inmate proceeding pro se and in

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forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on

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November 21, 2016. On May 15, 2018, Plaintiff filed a motion to dismiss this action, which the

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Court construes as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(i). (ECF No. 31.)

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

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prior to service by the defendant of an answer or a motion for summary judgment.” Commercial

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Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and

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citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is

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required, the parties are left as though no action had been brought, the defendant can’t complain,

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and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has

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been served in this action and no defendant has filed an answer or motion for summary
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judgment.
Accordingly, this action is terminated by operation of law without further order from the

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Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to terminate all pending

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motions and deadlines, and close this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 16, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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