Velasquez v. Ahlin et al

Filing 21

ORDER DIRECTING Clerk of the Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal and Terminating all pending matters 20 , signed by Magistrate Judge Stanley A. Boone on 05/23/18.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 J. VELASQUEZ,
Plaintiff,

12
13
14
15

Case No. 1:18-cv-00053-LJO-SAB (PC)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL
AND TERMINATING ALL PENDING
MATTERS

v.
PAM AHLIN, et al.,
Defendants.

(ECF No. 20)

16
17
18

Plaintiff Michael J. Velasquez, a civil detainee, is appearing pro se and in forma pauperis in

19 this civil rights action pursuant to 42 U.S.C. § 1983. On May 21, 2018, Plaintiff filed a notice of
20 voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure.
21

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

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

1

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

3

4 and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). All pending
5 matters are HEREBY TERMINATED.
6
7

IT IS SO ORDERED.

8 Dated:

May 23, 2018
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2