(PC) Palmer v. Mimms ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARLON PALMER, Case No.: 1:22-cv-01611-CDB (PC) 12 Plaintiff, ORDER RE VOLUNTARY DISMISSAL 13 v. (Doc. 10) 14 MARGARET MIMMS, ORDER DIRECTING CLERK OF THE COURT TO CLOSE CASE 15 Defendant. 16 17 Plaintiff Marlon Palmer filed a notice of voluntary dismissal on January 23, 2022. (Doc. 18 10.) 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 Because Plaintiff has filed a notice of dismissal, and no opposing party has filed an 25 / / / 26 / / / 27 / / / 1 | answer or a motion for summary judgment, this action has terminated. Accordingly, the Court 2 | DIRECTS the Clerk of the Court to terminate all pending motions and to close this case. 3 | IT IS SO ORDERED. “| Dated: _ January 24, 2023 | hr 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28