(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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?