(SS) Gonzalez v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE MORALES GONZALEZ, Case No. 1:20-cv-01146-SAB 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE AND DIRECTING CLERK 13 v. OF THE COURT TO CLOSE CASE AND ADJUST DOCKET TO REFLECT 14 COMMISSIONER OF SOCIAL SECURITY, VOLUNTARY DISMISSAL 15 Defendant. (ECF Nos. 4, 5) 16 17 On August 17, 2020, Jose Morales Gonzalez (“Plaintiff”) filed this action seeking judicial 18 review of the final decision of the Commissioner of Social Security’s decision denying his 19 application for benefits. On September 11, 2020, an order issued requiring Plaintiff to show 20 cause why this action should not be dismissed for the failure to comply with an order requiring 21 him to file a long form application to proceed without prepayment of fees or to pay the filing fee. 22 On this same date, Plaintiff filed a notice of voluntary dismissal with prejudice pursuant to Rule 23 41(a)(1) 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 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet wow 4£:6U VV YE ET MARE SEA MVC IO Te OY eve 1 | 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 | Therefore, Plaintiff's voluntary dismissal has terminated this action. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The September 11, 2020 order to show cause is VACATED; 9 2. The Clerk of the Court is directed to assign a district judge to this case for the 10 purpose of closing the case; and 11 3. The Clerk of the Court is directed to adjust the docket to reflect voluntary 12 dismissal of this action pursuant to Rule 41(a). 13 14 IT IS SO ORDERED. DAM Le 15 | Dated: _ September 11, 2020 ; 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28