(PC) Howell v. Silva ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KAREEM J. HOWELL, Case No. 1:20-cv-00133-DAD-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF 13 v. THE COURT TO CLOSE CASE 14 SILVA, 15 Defendant. 16 17 Plaintiff filed a notice of voluntary dismissal on October 23, 2020. (Doc. 22.) Pursuant to 18 Federal Rule of Civil Procedure 41(a)(1), a “plaintiff may dismiss an action without a court order 19 by filing … a notice of dismissal before the opposing party serves either an answer or a motion 20 for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal under Rule 41(a)(1) is 21 properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective 22 automatically. Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). 23 /// 24 /// 25 /// 26 /// 27 /// 1 Because Plaintiff has filed a notice of dismissal, and no opposing party has filed an 2 answer or a motion for summary judgment, this action has terminated. Accordingly, the Court 3 DIRECTS the Clerk of the Court to terminate all pending motions and to close this case. 4 IT IS SO ORDERED. 5 6 Dated: November 2, 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