Dotson v. Adams et al

Filing 30

ORDER TERMINATING J. Clark Kelso From This Action signed by Magistrate Judge Barbara A. McAuliffe on 12/27/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDDIE DOTSON (a/k/a EDWINA
DOTSON),

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No.: 1:17-cv-01199 AWI-BAM
ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL
OF DEFENDANT J. CLARK KELSO

Plaintiff,
v.

(Doc. No. 27)
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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.
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Plaintiff Eddie Dotson is a state prisoner proceeding in forma pauperis in this civil rights

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action under 42 U.S.C. § 1983. Plaintiff filed a first amended complaint against the California

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Department of Corrections and Rehabilitation, California Correctional Health Care Services,

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Scott Kernan, J. Clark Kelso, Jeffrey Carrick, and Does 1-50, on October 30, 2018. (Doc. No.

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20.) The deadline to respond to the first amended complaint is January 7, 2019. (Doc. No. 24.)

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On December 18, 2018, Plaintiff filed a notice of voluntary dismissal of J. Clark Kelson,

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. No. 27.) “[U]nder Rule

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41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the

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defendant of an answer or a motion for summary judgment.” Commercial Space Mgmt. Co., Inc.

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v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and citation omitted). “[A]

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dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left
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as though no action had been brought, the defendant can’t complain, and the district court lacks

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jurisdiction to do anything about it.” Id. at 1078. In this case, no defendant has filed an answer

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or motion for summary judgment.

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Accordingly, it is HEREBY ORDERED that:

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J. Clark Kelso is terminated from this action by operation of law. Fed. R. Civ. P.

41(a)(1)(A)(i); and

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2.

The Clerk of the Court is directed to update the docket and caption in this case, as

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reflected above.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 27, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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