(PC) Turner v. Munoz ( 2019 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 STEVEN DEON TURNER, JR., Case No. 1:19-cv-00706-AWI-SAB (PC) 7 Plaintiff, ORDER REGARDING PLAINTIFF’S 8 v. NOTICE OF VOLUNTARY DISMISSAL 9 M. MUNOZ, et al., (ECF No. 16) 10 Defendants. 11 12 Plaintiff Steven Deon Turner, Jr. is a state prisoner proceeding pro se and in forma 13 | pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 11, 2019, Plaintiff 14 | filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(). 15 | (ECF No. 16.) 16 Under Rule 41(a)(1)(A)(), “a plaintiff has an absolute right to voluntarily dismiss his 17 | action prior to service by the defendant of an answer or a motion for summary judgment.” 18 | Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in 19 | this action has served an answer or a motion for summary judgment. 20 Accordingly, this action is terminated by operation of law without further order from the 21 | Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to terminate all pending 22 | findings and recommendations and deadlines and close this case. 23 24 IT IS SO ORDERED. OF. ee 25 | Dated: _ December 12, 2019 ; UNITED STATES MAGISTRATE JUDGE 27 28