Stribling v. Fawcett et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/09/18 DENYING as moot 4 Motion to Dismiss. The clerk of court is directed to close this case in light of plaintiff's voluntary dismissal of this action. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON LAMONT STRIBLING,

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No. 2:18-cv-0869 CKD P

Plaintiff,

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v.

ORDER

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DEENA C. FAUCETT, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to

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42 U.S.C. § 1983. On April 25, 2018, he filed a motion for voluntary dismissal pursuant to

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Federal Rule of Civil Procedure 41(a)(1). Under that rule, a plaintiff may move to dismiss the

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action if an answer or a motion for summary judgment has not yet been filed by the opposing

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party. Id. The dismissal is effective on filing and no court order is required.” Wilson v. City of

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San Jose, 111 F.3d 688, 692 (9th Cir. 1997). “Unless the notice or stipulation states otherwise,

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the dismissal is without prejudice.” Fed. R. Civ. P. 41(a)(1)(B).
Pursuant to Fed. R. Civ. P. 41(a)(A), plaintiff’s motion shall be denied as moot since

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defendants have not filed an answer in this case.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion for voluntary dismissal, ECF No. 4, is denied as moot; and,

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2. The Clerk of Court is directed to close this case in light of plaintiff’s voluntary
dismissal of this action.
Dated: May 9, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/stri0869.59

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