(PC) Blackgold v. Leyva ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SUTEN BLACKGOLD, Case No. 1:23-cv-01252-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL 13 v. WITH PREJUDICE 14 LEYVA, et al., (ECF No. 10) 15 Defendants. 16 17 Plaintiff Suten Blackgold (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. On September 15, 2023, the Court 19 screened the complaint and granted Plaintiff leave to file an amended complaint or a notice of 20 voluntary dismissal. (ECF No. 9.) 21 On September 29, 2023, Plaintiff filed a notice of voluntary dismissal with prejudice. 22 (ECF No. 10.) 23 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 24 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 25 Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and 26 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 27 required, the parties are left as though no action had been brought, the defendant can’t complain, 28 and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has 1 been served in this action and no defendant has filed an answer or motion for summary 2 judgment. 3 Accordingly, this action is terminated, with prejudice, by operation of law without further 4 order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to 5 terminate all pending motions and deadlines and close this case. IT IS SO ORDERED. 6 7 Dated: October 10, 2023 /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