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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
MICHAEL JACOBSEN,
12
13
14
15
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.
16
17
Plaintiff Michael Jacobsen (“Plaintiff”) is a county jail inmate proceeding pro se and in
18
forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action on
19
November 21, 2016. On May 15, 2018, Plaintiff filed a motion to dismiss this action, which the
20
Court construes as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure
21
41(a)(1)(A)(i). (ECF No. 31.)
22
“[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action
23
prior to service by the defendant of an answer or a motion for summary judgment.” Commercial
24
Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and
25
citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is
26
required, the parties are left as though no action had been brought, the defendant can’t complain,
27
and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has
28
been served in this action and no defendant has filed an answer or motion for summary
1
1
2
judgment.
Accordingly, this action is terminated by operation of law without further order from the
3
Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to terminate all pending
4
motions and deadlines, and close this case.
5
6
7
IT IS SO ORDERED.
Dated:
/s/ Barbara
May 16, 2018
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?