Rainwater v. Ahlin et al

Filing 36

ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary, signed by Magistrate Judge Stanley A. Boone on 5/31/18. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN ALLEN RAINWATER,
Plaintiff,

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Case No. 1:18-cv-00049-LJO-SAB
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL

v.
PAM AHLIN, et al.,

(ECF No. 35)
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Defendants.

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Plaintiff John Allen Rainwater, a civil detainee appearing pro se and in forma pauperis,

18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 11, 2018. On May 29,
19 2018, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal
20 Rules of Civil Procedure.
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“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his

22 action prior to service by the defendant of an answer or a motion for summary judgment.’ ”
23 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999)
24 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has
25 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet
26 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th
27 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
28 the parties are left as though no action had been brought, the defendant can’t complain, and the

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1 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193
2 F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading.
Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

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4 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).
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IT IS SO ORDERED.

7 Dated:

May 31, 2018
UNITED STATES MAGISTRATE JUDGE

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