(PC) Hernandez v. Sherman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL HERNANDEZ, Case No. 1:20-cv-00938-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF 13 v. THE COURT TO CLOSE CASE 14 S. SHERMAN, et al., 15 Defendants. 16 17 Plaintiff has filed a notice of voluntary dismissal. (Doc. 8.) Pursuant to Federal Rule of 18 Civil Procedure 41(a)(1), a “plaintiff may dismiss an action without a court order by filing … a 19 notice of dismissal before the opposing party serves either an answer or a motion for summary 20 judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal under Rule 41(a)(1) is properly filed, 21 no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. 22 Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). Because 23 Plaintiff has filed a notice of dismissal, and no opposing party has appeared in this case, this 24 action has terminated. Accordingly, the Court DIRECTS the Clerk of the Court to close this case. 25 IT IS SO ORDERED. 26 27 Dated: August 13, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE