(PC) Simms v. Ceballos ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LEE SIMMS, Case No. 1:20-cv-00285-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF 13 v. THE COURT TO CLOSE CASE 14 J. CEBALLOS, et al., 15 Defendants. 16 17 Plaintiff has filed a document titled, “Request that the … Action be dropped,” wherein he 18 states that he is “withdrawing [his] lawsuit an[d] ask[s] that it be set aside without prejudice.” 19 (Doc. 11.) The Court construes Plaintiff’s filing as a notice of voluntary dismissal pursuant to 20 Federal Rule of Civil Procedure 41(a)(1). Under the rule, a “plaintiff may dismiss an action 21 without a court order by filing … a notice of dismissal before the opposing party serves either an 22 answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal 23 under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the 24 dismissal is effective automatically. Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 25 1078 (9th Cir. 1999). 26 /// 27 /// /// 1 Because Plaintiff has filed a notice of dismissal, and no opposing party has appeared in 2 this case, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the Court to 3 close this case. 4 IT IS SO ORDERED. 5 6 Dated: September 22, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27