(PC) Patterson v. HIP-C Committee ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VESTER L. PATTERSON, Case No. 1:19-cv-01401-NONE-JLT (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF 13 v. THE COURT TO CLOSE CASE 14 JOHN DOES 1–18, 15 Defendants. 16 17 Plaintiff filed a notice of voluntary dismissal on November 19, 2021. (Doc. 33.) 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). 24 /// 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: November 22, 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