(PC) Booth v. Carrol ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 PATRICK J. BOOTH, Case No. 1:20-cv-01067-CDB (PC) 11 Plaintiff, ORDER DIRECTING CLERK TO CLOSE THE CASE 12 v. (Doc. 16) 13 L. CARROL, 14 Defendant. 15 16 Plaintiff Patrick J. Booth is a state prisoner proceeding pro se and in forma pauperis in 17 this civil rights action filed under 42 U.S.C. § 1983. 18 On June 1, 2023, Plaintiff filed a notice voluntarily dismissing this action with prejudice 19 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. 16.) Once a dismissal under 20 Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the 21 dismissal is effective automatically. Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 22 (9th Cir. 1999). Therefore, this action has been terminated with prejudice. Fed. R. Civ. P. 23 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 24 Notwithstanding Plaintiff’s use of the caption “Forced Voluntary Withdraw[al]” in his 25 filing, nothing in the filing and nothing in the docket suggests the requested dismissal by Plaintiff 26 is anything but voluntary. Plaintiff’s notice of voluntary withdrawal follows this Court’s 27 screening of Plaintiff’s first amended complaint. (Doc. 15.) In that order, the Court found 28 Plaintiff had pleaded a cognizable First Amendment claim but for a proper pleading for relief 1 | pursuant to Fed. R. Civ. P. 8(a). Ud. at 8-9.) Thus, the Court granted Plaintiff 30 days to file an 2 | amended complaint, “or, in the alternative, file a notice of voluntary dismissal.” (Ud. at 11.) By 3 | his filing, Plaintiff has chosen, voluntarily, to dismiss the action in lieu of filing an amended 4 | complaint. 5 Accordingly, the Clerk of Court is directed to administratively close the case. 6 | ITIS SOORDERED. 7) Dated: _ June 4, 2023 | hr g UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28