Burnett v. Kammack et al

Filing 18

ORDER Regarding Plaintiff's Notice of Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 08/10/2018. CASE CLOSED (Martin-Gill, S)

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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,

Case No. 1:17-cv-01135-DAD-BAM (PC)
ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL

v.
(ECF No. 17)
KAMMACK, et al.,
Defendants.

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Plaintiff Carlos Romero Burnett (“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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August 23, 2017. On July 25, 2018, the Court screened Plaintiff’s complaint and directed

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Plaintiff to file, within thirty days, an amended complaint or a notice of voluntary dismissal.

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(ECF No. 16, p. 8.) On August 8, 2018, Plaintiff filed the instant notice of voluntary dismissal,

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which the Court construes as a notice of voluntary dismissal pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(i). (ECF No. 17.)

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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.

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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

August 10, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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