(PC)Thornberry v. Ladesma ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL LEE THORNBERRY, Case No. 1:19-cv-01041-DAD-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL 13 v. (ECF No. 16) 14 LADESMA, et al., 15 Defendants. 16 17 Plaintiff Daniel Lee Thornberry (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On January 21, 2020, the Court screened Plaintiff’s complaint and granted Plaintiff leave 20 to file a first amended complaint or a notice of voluntary dismissal within thirty (30) days from 21 the date of service of that order. (ECF No. 13.) On February 3, 2020, Plaintiff filed the instant 22 notice of voluntary dismissal. (ECF No. 16.) In his notice, Plaintiff states that he has considered 23 the Court’s screening order, and moves for voluntary dismissal of the instant action. (Id.) 24 “[U]nder Rule 41(a)(1)(A)(i), a plaintiff has an absolute right to voluntarily dismiss his 25 action prior to service by the defendant of an answer or a motion for summary judgment.” 26 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 27 (quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no 28 court order is required, the parties are left as though no action had been brought, the defendant 1 can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No 2 defendant has been served in this action and no defendant has filed an answer or motion for 3 summary judgment. 4 Accordingly, this action is terminated by operation of law without further order from the 5 Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to terminate all pending 6 motions and deadlines, and close this case. 7 IT IS SO ORDERED. 8 9 Dated: February 5, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28