Partanen v. Western United States Pipe Band Association ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN ERIC PARTANEN, Case No. 1:21-cv-00588-BAM 12 Plaintiff, ORDER REGARDING PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL 13 v. (Doc. 69) 14 WESTERN UNITED STATES PIPE BAND ASSOCIATION, et al., 15 Defendants. 16 17 18 Plaintiff John Eric Partanen (“Plaintiff”), proceeding pro se, initiated this civil action on 19 April 8, 2021. (Doc. 1.) Currently before the Court is Plaintiff’s Motion for Voluntary Dismissal 20 filed on November 15, 2021. (Doc. 69.) The Court construes the motion for voluntary dismissal 21 as a request for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). 22 Under Rule 41(a)(1)(A)(i), “a plaintiff has an absolute right to voluntarily dismiss his 23 action prior to service by the defendant of an answer or a motion for summary judgment.” 24 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 25 (quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no 26 court order is required, the parties are left as though no action had been brought, the defendant 27 can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at 1078. 28 1 Defendants have not filed an answer or motion for summary judgment in this action. 2 Accordingly, this action is terminated by operation of law without further order from the Court. 3 Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is DIRECTED to terminate all pending 4 motions and deadlines, if any, and to CLOSE THIS CASE. 5 IT IS SO ORDERED. 6 7 Dated: November 16, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28