(PC) Welk v. California Department of Corrections ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD JAMES WELK, Case No. 1:21-cv-01476-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE 13 v. 14 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Defendants. 16 17 18 Plaintiff filed notice of voluntary dismissal with prejudice on October 15, 2021. (Doc. 8.) 19 Pursuant to Federal Rule of Civil Procedure 41(a)(1), a “plaintiff may dismiss an action without a 20 court order by filing . . . a notice of dismissal before the opposing party serves either an answer or 21 a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal under Rule 22 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal 23 is effective automatically. Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 24 1999). 25 /// 26 /// 27 /// 1 Because Plaintiff has filed a notice of dismissal and no opposing party has filed an answer 2 or a motion for summary judgment, this action has terminated. Accordingly, the Court DIRECTS 3 the Clerk of the Court to terminate all pending motions and to close this case. 4 IT IS SO ORDERED. 5 6 Dated: October 21, 2021 _ /s/ Jennifer L. Thurston CHIEF 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