Hicks v. Felder, et al.

Filing 10

ORDER Regarding Plaintiff's 9 Motion to Withdraw Petition; ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 10/30/17. CASE CLOSED (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL HICKS,

12
13
14
15

Plaintiff,
v.

Case No.: 1:17-cv-01167-AWI-BAM (PC)
ORDER REGARDING PLAINTIFF’S MOTION
TO WITHDRAW PETITION
(ECF No. 9)

M. FELDER, et al.,
Defendants/

ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE AND ADJUST DOCKET TO
REFLECT VOLUNTARY DISMISSAL

16
17
18
19
20
21
22

Plaintiff Michael Hicks is a state prisoner proceeding pro se in this civil rights action
pursuant to 42 U.S.C. ' 1983.
On October 25, 2017, Plaintiff filed a motion to dismiss this action, without prejudice.
(ECF No. 9.) The Court construes this filing as a notice of voluntary dismissal.
“[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action

23

prior to service by the defendant of an answer or a motion for summary judgment.” Commercial

24

Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and

25

citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is

26

required, the parties are left as though no action had been brought, the defendant can’t complain,

27

and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has

28

been served in this action and no defendant has filed an answer or motion for summary judgment.

1

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

2

case and adjust the docket to reflect voluntary dismissal of this action without prejudice under

3

Rule 41(a). All pending motions, referrals, and deadlines, if any, are terminated.

4
5
6

IT IS SO ORDERED.
Dated:

/s/ Barbara

October 30, 2017

A. McAuliffe

_

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