(PC) Howell v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KAREEM J. HOWELL, No. 1:19-cv-001256-DAD-HBK 12 Plaintiff, ORDER OF VOLUNTARY DISMISSAL UNDER FED. R. CIV. P. 41(a)(1)(A)(i) 13 v. Doc. No. 26 14 D. ALLISON, et. al., ORDER TO TERMINATE PENDING 15 Defendants. MOTION AND DEADLINES 16 Doc. No. 21 17 On February 23, 2021, Plaintiff filed a Notice of Voluntary Dismissal with Prejudice citing 18 Fed. R. Civ. P. 41(a)(1)(A)(i). (Doc. No. 26). Rule 41(a)(1)(A)(i) permits the plaintiff to dismiss a 19 case without a court order before a defendant answers or moves for summary judgment. Such 20 dismissal shall be without prejudice, unless the notice states otherwise. Fed. R. Civ. P. 41(a)(1)(B). 21 Here no defendant has answered nor filed a motion for summary judgment and the notice states the 22 23 dismissal shall be with prejudice. Doc. No. 26. Considering Plaintiff’s Notice of Voluntary 24 Dismissal and his request for dismissal with prejudice, this case is dismissed with prejudice. See 25 Id. at 1; see Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (noting a plaintiff has an 26 absolute right to dismiss a case, prior to defendant serving an answer or motion for summary 27 judgment, which is effective upon notice, without court order). 28 1 Accordingly, it is ORDERED: 2 1. This action is dismissed with prejudice under Fed. R. Civ. P. 41(a)(1)(A)@). ; 2. The Clerk of Court is respectfully directed to terminate any pending motions/deadlines and close this case. 7 | ITIS SO ORDERED. 8 | Dated: __February 25, 2021 Mile. Wh fareh Zaskth HELENA M. BARCH-KUCHTA 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28