(PC) Jenkins v. McKay ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EPHRAIM JENKINS., Case No. 1:20-cv-00118-AWI-SKO (PC) 12 Plaintiff, ORDER DIRECTING THE CLERK OF 13 v. THE COURT TO CLOSE CASE 14 J. MCKAY, et al., 15 Defendants. 16 17 Plaintiff has filed a notice of dismissal pursuant to Federal Rule of Civil Procedure 18 41(a)(1). (Doc. 13.) The rule provides that a “plaintiff may dismiss an action without a court order 19 by filing … a notice of dismissal before the opposing party serves either an answer or a motion 20 for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal under Rule 41(a)(1) is 21 properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective 22 automatically. Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). 23 Because Plaintiff has filed a notice of dismissal, and no opposing party has appeared in 24 this case, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the Court to 25 close this case. 26 IT IS SO ORDERED. 27 Sheila K. Oberto June 19, 2020 /s/ . 1 UNITED STATES MAGISTRATE JUDGE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27