(PC) Valles v. Gamboa et al

Filing 12

ORDER REGARDING Plaintiff's 11 Motion to Dismiss This Action, signed by Magistrate Judge Barbara A. McAuliffe on 9/15/2022. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

FRANK VALLES,

12

Plaintiff,

13

v.

14

GAMBOA, et al.,

Case No. 1:22-cv-00355-ADA-BAM (PC)
ORDER REGARDING PLAINTIFF’S
MOTION TO DISMISS THIS ACTION
(ECF No. 11)

15

Defendants.

16
17

Plaintiff Frank Valles (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18

pauperis in this civil rights action under 42 U.S.C. § 1983. On April 29, 2022, the Court screened

19

the complaint and issued findings and recommendations recommending dismissal of this action

20

based on Plaintiff’s failure to state a cognizable claim upon which relief may be granted. (ECF

21

No. 8.) Plaintiff timely filed objections on May 16, 2022. (ECF No. 9.)

22
23
24

On September 14, 2022, Plaintiff filed a motion to dismiss this action, with prejudice.
(ECF No. 11.)
“[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action

25

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

26

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

27

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

28

required, the parties are left as though no action had been brought, the defendant can’t complain,
1

1

and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has

2

been served in this action and no defendant has filed an answer or motion for summary

3

judgment.

4

Accordingly, this action is terminated, with prejudice, by operation of law without further

5

order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to

6

terminate all pending motions and deadlines, including the pending findings and

7

recommendations, and close this case.

8
9
10
11

IT IS SO ORDERED.
Dated:

/s/ Barbara

September 15, 2022

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2