(PC) Canada v. CDCR ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD LEE CANADA, Case No. 1:20-cv-01593-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE 13 v. 14 CDCR, 15 Defendant. 16 17 Plaintiff filed a withdrawal of his claims, which the Court construes as a voluntary 18 dismissal, on March 22, 2021. (Doc. 7.) Pursuant to Federal Rule of Civil Procedure 41(a)(1), a 19 “plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before 20 the opposing party serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 21 41(a)(1)(A)(i). Once a dismissal under Rule 41(a)(1) is properly filed, no order of the court is 22 necessary to effectuate dismissal; the dismissal is effective automatically. Com. Space Mgmt. Co. 23 v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). 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: March 29, 2021 /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