Earley et al v. Brown et al

Filing 18

ORDER signed by Magistrate Judge Deborah Barnes on 6/18/18, ORDERING that the Clerk shall close this action in light of plaintiffs' 15 dismissal without prejudice. CASE CLOSED(Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BILLY Z. EARLEY, et al.,

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No. 2:18-cv-0723 JAM DB PS

Plaintiffs,

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v.

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ORDER

EDMUND GERALD BROWN, JR., et al.,

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Defendants.

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This action came before the court on June 15, 2018, for hearing of defendants’ motion to

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dismiss.1 (ECF No. 17.) Attorney Anna Ferrari appeared telephonically on behalf of the

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defendants. No appearance was made by, or on behalf of, plaintiff Billy Earley or plaintiff Guven

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Uzun. However, that same day plaintiffs filed a motion for dismissal without prejudice pursuant

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to Rule 41(a) of the Federal Rules of Civil Procedure. (ECF No. 15.)

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Under Rule 41(a)(1), a plaintiff has an absolute right voluntarily to
dismiss his action prior to service by the defendant of an answer or a
motion for summary judgment. Even if the defendant has filed a
motion to dismiss, the plaintiff may terminate his action voluntarily
by filing a notice of dismissal under Rule 41(a)(1). The dismissal is
effective on filing and no court order is required.

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Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citations omitted); see also Cruz-Mendez
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Plaintiffs are proceeding in this action pro se. This matter was, therefore, referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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v. Hospital General Castaner, Inc., 637 F.Supp.2d 73, 75 (D. Puerto Rico 2009) (“Since Rule

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41(a)(1)(A) permits dismissal as of right, it requires only notice to the court, not a motion, thus

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the court’s permission is not required.”).

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall close this

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action in light of plaintiffs’ June 14, 2018 (ECF No. 15) dismissal without prejudice.

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Dated: June 18, 2018

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DLB:6
DB/orders/orders.pro se/earley0723.oah.061518

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