Gould v. Ahlin et al

Filing 14

ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal and Terminating All Pending Matters signed by Magistrate Judge Stanley A. Boone on 05/22/2018. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID GOULD,
Plaintiff,

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Case No. 1:18-cv-00076-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. 18)
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Plaintiff David Gould, a civil detainee, is appearing pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed a complaint in this action on January 17,

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2018. On May 21, 2018, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of

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the Federal 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

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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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(quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has

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held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet

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to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir.

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1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the

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

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court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 F.3d at

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1078. In this action, no defendant has filed an answer or other responsive pleading.

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

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and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). All

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pending matters are HEREBY TERMINATED.

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IT IS SO ORDERED.

9 Dated:

May 22, 2018
UNITED STATES MAGISTRATE JUDGE

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