(PC) Davis v. Grase ( 2020 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 TERRENCE L. DAVIS, Case No. 1:18-cv-01668-DAD-SAB (PC) 7 Plaintiff, ORDER REGARDING PLAINTIFF’S 8 v. NOTICE OF VOLUNTARY DISMISSAL 9 J. GRASE, et al., (ECF No. 15) 10 Defendants. 11 12 Plaintiff Terrence L. Davis is a state prisoner proceeding pro se and in forma pauperis in 13 | this civil rights action pursuant to 42 U.S.C. § 1983. On January 6, 2020, Plaintiff filed a notice 14 | of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)G@). CECF No. 15.) 15 Under Rule 41(a)(1)(A)(), “a plaintiff has an absolute right to voluntarily dismiss his 16 | action prior to service by the defendant of an answer or a motion for summary judgment.” 17 | Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in 18 | this action has served an answer or a motion for summary judgment. 19 Accordingly, this action is terminated by operation of law without further order from the 20 | Court. Fed. R. Civ. P. 41(a)(1)(A)G). The Clerk of the Court is directed to terminate all pending 21 | findings and recommendations and deadlines and close this case. 22 73 IT IS SO ORDERED. F- 2 ee 44 | Dated: _ January 7, 2020 " 05 UNITED STATES MAGISTRATE JUDGE 26 27 28