(PC) Gradford v. Stainslaus County Public Safety Center ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. GRADFORD, Case No.: 1:23-cv-00008-JLT-SKO 12 Plaintiff, ORDER REGARDING NOTICE OF 13 v. VOLUNTARY DISMISSAL 14 STANISLAUS COUNTY PUBLIC (Doc. 14) SAFETY CENTER, et al., 15 Defendants. 16 17 Plaintiff filed his complaint in this action on January 3, 2023. (Doc. 1.) On June 16, 2023, 18 Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of 19 Civil Procedure. (Doc. 14.) 20 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 21 action prior to service by the defendant of an answer or a motion for summary judgment.’” 22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 27 the parties are left as though no action had been brought, the defendant can’t complain, and the 1 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 2 F.3d at 1078. In this action, no defendant has been served, nor has an answer or other responsive 3 pleading been filed. 4 Accordingly, the Clerk of the Court is HEREBY ORDERED to terminate any pending 5 motions or deadlines and to close this case. 6 IT IS SO ORDERED. 7 8 Dated: July 17, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27