Burnett v. C.D.C.R. Trust Office

Filing 29

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal 28 , signed by Magistrate Judge Stanley A. Boone on 3/29/2018. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS ROMERO BURNETT,

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Plaintiff,
v.
C.D.C.R TRUST OFFICE,
Defendant.

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Case No.: 1:17-cv-00899-LJO-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE AND ADJUST DOCKET TO
REFLECT VOLUNTARY DISMISSAL
(ECF No. 28)

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Plaintiff Carlos Romero Burnett is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.

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On March 27, 2018, Plaintiff filed a document stating that he no longer has a claim and would

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like to close this action. The Court construes the filing as a notice of voluntary dismissal pursuant to

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Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF No. 28.)

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“[U]nder Rule 41(a)(1)(A)(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) (quoting Wilson v.

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City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has held that Rule 41(a) allows

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a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or motion for

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summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993).
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“[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties

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are left as though no action had been brought, the defendant can’t complain, and the district court

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lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 F.3d at 1078. In

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this action, no complaint has been served, no defendant has appeared, and no defendant has filed any

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answer or motion for summary judgment.

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Accordingly, this action is terminated by operation of law without further order from the Court.

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

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deadlines, and close this case.

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IT IS SO ORDERED.

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Dated:

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March 29, 2018
UNITED STATES MAGISTRATE JUDGE

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