(PC) Saldana v. Seibel ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT A. SALDANA, Case No. 1:23-cv-01002-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S VOLUNTARY DISMISSAL 13 v. (ECF No. 11) 14 SEIBEL, et al., 15 Defendants. 16 17 Plaintiff Robert A. Saldana (“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 August 16, 2023, the Court 19 screened the complaint and granted Plaintiff leave to file a first amended complaint or a notice of 20 voluntary dismissal. (ECF No. 8.) On September 18, 2023, following an extension of this 21 deadline, Plaintiff filed a voluntary dismissal of this case pursuant to Federal Rule of Civil 22 Procedure 41. (ECF No. 11.) 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 As Plaintiff did not specify whether the dismissal is with or without prejudice, the Court 4 finds that a dismissal without prejudice is appropriate. Fed. R. Civ. P. 41(a)(2). 5 Accordingly, this action is terminated, without prejudice, by operation of law without 6 further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed 7 close this case. 8 IT IS SO ORDERED. 9 10 Dated: September 19, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28