(PC) Crossley v. Cole ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAMONT CROSSLEY, Case No.: 1:22-cv-00408-ADA-CDB (PC) 12 Plaintiff, ORDER RE VOLUNTARY DISMISSAL 13 v. (Doc. 19) 14 J. COLE, et al., ORDER DIRECTING CLERK OF THE 15 Defendants. COURT TO CLOSE CASE 16 17 Plaintiff Lamont Crossley filed a notice of voluntary dismissal on October 27, 2023. (Doc. 18 19.) Pursuant to Federal Rule of Civil Procedure 41(a)(1), a “plaintiff may dismiss an action 19 without a court order by filing … a notice of dismissal before the opposing party serves either an 20 answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal 21 under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the 22 dismissal is effective automatically. Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 23 1078 (9th Cir. 1999). 24 // 25 // 26 // 27 // 1 Because Plaintiff has filed a notice of dismissal, and no opposing party has filed an 2 | answer or a motion for summary judgment, this action has terminated by operation of law. 3 | Accordingly, the Court DIRECTS the Clerk of the Court to terminate all pending filing dates, 4 | hearings and motions and to close this case. 5 | IT IS SO ORDERED. ° | Dated: _ October 30, 2023 | hr 7 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