(PC) Sanders v. Grimes ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TROY ALEXANDER SANDERS, Case No. 1:18-cv-01285-AWI-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE 13 v. 14 GRIMES, et al., 15 Defendants. 16 17 Plaintiff has filed a request for voluntary dismissal without prejudice. (Doc. 54.) Pursuant 18 to Federal Rule of Civil Procedure 41(a)(1), a “plaintiff may dismiss an action without a court 19 order by filing . . . a notice of dismissal before the opposing party serves either an answer or a 20 motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal under Rule 21 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal 22 is effective automatically. Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 23 1999). Because Plaintiff has filed a notice of dismissal, and no opposing party has filed an answer 24 or a motion for summary judgment, this action has terminated. Accordingly, the Court DIRECTS 25 the Clerk of the Court to terminate all pending motions and to close this case. 26 IT IS SO ORDERED. 27 Dated: June 24, 2021 _ /s/ Jennifer L. Thurston