Acosta v. Fitzgerald et al

Filing 7

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) re 6 , signed by Magistrate Judge Stanley A. Boone on 3/1/17. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

JOSE ACOSTA,
Plaintiff,

10

ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL
PURSUANT TO FED. R. CIV. P.
41(a)(1)(A)(i)

v.

11
12

Case No. 1:17-cv-00057-DAD-SAB

ROGER FITZGERALD, et al.,
Defendants.

13

(ECF No. 6)

14
15

This action was filed on January 12, 2017. (ECF No. 1.) On February 28, 2017, Plaintiff

16 filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil
17 Procedure.
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). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
25 the parties are left as though no action had been brought, the defendant can’t complain, and the
26 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
27 F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading.
28 / / /
1

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

1

2 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Federal Rule of
3 Civil Procedure 41(a)(1)(A)(i).
4
5

IT IS SO ORDERED.

6 Dated:

March 1, 2017
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