(PC) Mendoza v. California Department of Corrections & Rehabilitation ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE MENDOZA, ) Case No.: 1:19-cv-01713-NONE-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) TERMINATE ACTION PURSUANT TO PLAINTIFF’S NOTICE OF VOLUNTARY 14 CALIFORNIA DEPARTMENT OF ) DISMISSAL CORRECTIONS & REHABILITATION, ) 15 et.al., ) [ECF No. 14] ) 16 Defendants. ) ) 17 ) 18 Plaintiff Jorge Mendoza is appearing pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On February 12, 2020, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule 21 of Civil Procedure 41. (ECF No. 14.) 22 Under Rule 41(a)(1)(A)(i), “a plaintiff has an absolute right to voluntarily dismiss his action 23 prior to service by the defendant of an answer or a motion for summary judgment.” Wilson v. City of 24 San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in this action has served 25 an answer or a motion for summary judgment. 26 /// 27 /// 28 /// 1 Accordingly, this action is terminated by operation of law without further order from the Cou 2 || Fed. R. Civ. P. 41(a)(1)(A)G). The Clerk of the Court is directed to terminate all pending motions an 3 || deadlines and close this case. 4 5 || IT IS SO ORDERED. Al (ee 6 |! Dated: _ February 14, 2020 OF 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28