Levy v. Ryan Seacrest Productions et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 2/21/2013 ORDERING that in light of Plaintiff's Motion to Dismiss 6 , which the Court construes as a Notice of Voluntary Dismissal, the pending Findings and Recommendations 4 are hereby VACATED. In light of Plaintiff's Notice of Voluntary Dismissal 6 , this case is DISMISSED pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), and all dates are vacated. CASE CLOSED. (Krueger, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMANDA U. LEVY,

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Plaintiff,

2:13-cv-00070-KJM-KJN-PS

v.
RYAN SEACREST PRODUCTIONS,
et al.,

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Defendants.
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ORDER
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Plaintiff Amanda U. Levy (“plaintiff”) is proceeding without counsel and in forma
pauperis (“IFP”) pursuant to 28 U.S.C. § 1915.1 (Order, Dkt. No. 4 (granting IFP status).)

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On February 5, 2013, plaintiff filed a document styled as a “Motion to Dismiss”

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her own pleading. (“Motion to Dismiss,” Dkt. No. 6.) However, the undersigned construes this

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document as a Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A)(i).

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Federal Rule of Civil Procedure 41(a)(1)(A) provides that “. . . the plaintiff may

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dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing

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party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal

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This proceeding was referred to the undersigned pursuant to Eastern District Local Rule
302(c)(21) and 28 U.S.C. § 636(b)(1).
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signed by all parties who have appeared.” Voluntary dismissal under this rule requires no action

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on the part of the court and divests the court of jurisdiction upon the filing of the notice of

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voluntary dismissal. See, e.g., United States v. Real Property Located at 475 Martin Lane,

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Beverly Hills, CA, 545 F.3d 1134, 1145 (9th Cir. 2008) (describing consequences of voluntary

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dismissals pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)).

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In this case, no defendants have filed answers or motions for summary judgment;

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indeed, the undersigned previously issued Findings and Recommendations (“F&Rs”) urging that

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this case be dismissed without prejudice such that service of process has not been ordered upon

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any defendants. (F&Rs, Dkt. No. 4.) Those F&Rs are currently pending before the assigned

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district judge. (Id.)

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However, given plaintiff’s desire to voluntarily dismiss her case (Dkt. No. 6), the

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undersigned vacates the F&Rs (Dkt. No. 4) currently pending before the assigned District Judge.

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Although plaintiff’s Notice of Voluntary Dismissal was effective upon filing and without a court

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order pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), for the sake of clarity, the

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undersigned instead orders that, in light of plaintiff’s Notice of Voluntary Dismissal (Dkt. No. 6),

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this case is deemed dismissed and the Clerk of the Court is directed to close this case and vacate

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all future dates.

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Accordingly, IT IS HEREBY ORDERED that:

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In light of plaintiff’s “Motion to Dismiss” (Dkt. No. 6), which the

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undersigned construes as a Notice of Voluntary Dismissal, the undersigned’s pending Findings

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and Recommendations (Dkt. No. 4) are hereby vacated.

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In light of plaintiff’s Notice of Voluntary Dismissal (Dkt. No. 6), this case

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is deemed dismissed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), and the Clerk of

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the Court is directed to close this case and vacate all future dates.

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IT IS SO ORDERED.
DATED: February 21, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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