Yarbrough v. Marin et al

Filing 17

ORDER REGARDING Plaintiff's Motion to Voluntarily Dismiss This Action, signed by Magistrate Judge Barbara A. McAuliffe on 2/20/18. CASE CLOSED.(Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDDIE YARBROUGH,

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Plaintiff,

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v.
PRISCILLA MARIN, et al.,

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Case No. 1:17-cv-00185-AWI-BAM (PC)
ORDER REGARDING PLAINTIFF’S
MOTION TO VOLUNTARILY DISMISS
THIS ACTION
(ECF No. 16)

Defendants.

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Plaintiff Eddie Yarbrough (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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

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February 10, 2017. On February 16, 2018, Plaintiff filed a motion to voluntarily dismiss this

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action, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No.

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16.)

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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

February 20, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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