(PC) Turner, Jr. v. Salorio ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN DEON TURNER, JR., Case No. 1:19-cv-01620-DAD-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL 13 v. (ECF No. 17) 14 SALORIO, et al., 15 Defendants. 16 17 Plaintiff Steven Deon Turner, Jr. (“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 April 24, 2020, the Court screened Plaintiff’s first amended complaint and issued 20 findings and recommendations to dismiss this action for failure to state a cognizable federal claim 21 for relief. (ECF No. 16.) On April 27, 2020, Plaintiff filed the instant notice of voluntary 22 dismissal.1 (ECF No. 17.) In his notice, Plaintiff states that wishes to voluntarily dismiss this 23 case. (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 27 1 The Court notes that Plaintiff’s notice of voluntary dismissal is dated April 23, 2020, and therefore it appears Plaintiff’s notice and the Court’s findings and recommendations would have 28 crossed in the mail. 1 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 2 (quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no 3 court order is required, the parties are left as though no action had been brought, the defendant 4 can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No 5 defendant has been served in this action and no defendant has filed an answer or motion for 6 summary judgment. 7 Accordingly, this action is terminated by operation of law without further order from the 8 Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to terminate all pending 9 motions and deadlines, and close this case. 10 IT IS SO ORDERED. 11 12 Dated: April 29, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28