(PC) Consiglio v. Hall ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 SAM CONSIGLIO, Case No. 1:23-cv-00871-SAB (PC) 10 Plaintiff, 11 ORDER DISMISSING ACTION v. PURSUANT TO PLAIN’IFF'S NOTICE OF 12 VOLUNARY DISMISSAL EVETTE HALL, et al., 13 (ECF No. 6) Defendants. 14 15 16 Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42 U.S.C. 17 § 1983. Individuals detained pursuant to California Welfare and Institutions Code § 6600 et seq. 18 are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act. 19 Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). 20 On June 20, 2023, Plaintiff filed a notice of voluntary dismissal. (ECF No. 6.) 21 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 22 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 23 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 24 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 25 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 26 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 27 Cir. 1993). /// 1 Here, no Defendant has filed an answer or motion for summary judgment in this case. 2 | Therefore, Plaintiff's notice of dismissal is effective as of the date it was filed, and this case shall 3 |be closed. (ECF No. 6.) 4 5 IS SO ORDERED. FA. ee 6 Dated: _ June 21, 2023 " 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