Tafoya v. City of Hanford ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER TAFOYA, Case No. 1:20-cv-00010-LJO-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF THE COURT TO ASSIGN THIS ACTION TO A 13 v. DISTRICT JUDGE FOR PUPOSES OF CLOSING THE CASE AND ADJUST 14 CITY OF HANFORD, et al., DOCKET TO REFLECT DISMISSAL UNDER FED. R. CIV. P. 41(a) 15 Defendants. (ECF No. 8) 16 17 Plaintiff Christopher Tafoya, proceeding pro se and in forma pauperis, filed this civil 18 rights action pursuant to 42 U.S.C. § 1983. On January 21, 2020, Plaintiff’s complaint was 19 screened and it was found not to state a cognizable claim. Plaintiff filed a first amended 20 complaint on February 13, 2020. Plaintiff’s first amended complaint was screened on March 6, 21 2020. The first amended complaint was found not to state a claim and Plaintiff was to file an 22 amended complaint within thirty days. On March 30, 2020, Plaintiff filed a notice of voluntary 23 dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure. 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 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has ] | to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 2 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 3 | the parties are left as though no action had been brought, the defendant can’t complain, and the 4 | district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 5 | F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. 6 Accordingly, the Clerk of the Court is HEREBY DIRECTED to assign a district judge to 7 | this case for the purpose of closing the case and then to adjust the docket to reflect voluntary 8 | dismissal of this action pursuant to Rule 41(a). 9 10 IT IS SO ORDERED. DAM Le 11 | Dated: _March 31, 2020_ OO UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28