Harris v. Gallagher, et al.

Filing 14

ORDER regarding Plaintiff's Motion requesting voluntary Dismissal 13 and directing Clerk of Court to close case and adjust docket to reflect voluntary dismissal signed by Magistrate Judge Barbara A. McAuliffe on 7/3/2018. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVONTE B. HARRIS,

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Plaintiff,

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v.
J. GALLAGHER,
Defendants.

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1:18-cv-00008-LJO-BAM (PC)
ORDER REGARDING PLAINTIFF’S
MOTION REQUESTING VOLUNTARY
DISMISSAL
(Doc. 13)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

Plaintiff Devonte B. Harris 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 July 2, 2018, Plaintiff filed a motion seeking to voluntarily dismiss this action. (Doc.

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13.) The Court construes this filing as a notice of voluntary dismissal pursuant to Federal Rule

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of Civil Procedure 41(a).

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“[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his

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

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

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

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court order is required, the parties are left as though no action had been brought, the defendant

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can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at 1078. In

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this case, no defendant has been served, and no defendant has filed an answer or motion for

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summary 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.

/s/ Barbara A. McAuliffe

Dated: July 3, 2018

UNITED STATES MAGISTRATE JUDGE

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