Canada v. Niebert

Filing 30

ORDER Regarding 29 Plaintiff's Notice of Voluntary Dismissal signed by Magistrate Judge Barbara A. McAuliffe on 1/3/2018. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD LEE CANADA,

Case No. 1:17-cv-00873-AWI-BAM (PC)

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Plaintiff,

ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL

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v.

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NIEBERT, et al.,

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(ECF No. 29)
Defendants.

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Plaintiff Ronald Lee Canada (“Plaintiff”) is a state prisoner 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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June 23, 2017. On December 28, 2017, Plaintiff filed a notice of voluntary dismissal, with

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prejudice. (ECF No. 29.)

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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. Additionally, pursuant to Plaintiff’s notice of voluntary dismissal, the dismissal is with
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prejudice. Fed. R. Civ. P. 41(a)(1)(B).
Accordingly, the Clerk of the Court is HEREBY DIRECTED to CLOSE the file in this

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case and adjust the docket to reflect voluntary dismissal of this action, with prejudice, under Rule

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41(a). All pending motions, if any, are terminated.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

January 3, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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