(PC) Steward v. Pfeiffer

nen ene nee ee nnn en I RE OI OSE ED 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA DONNY STEWARD, 7 Case No. 1:19-cv-01022-DAD-EPG (PC) 8 Plaintiff, ORDER RE: NOTICE OF VOLUNTARY || DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE CHRISTIAN PFEIFFER, et al., (ECF No. 40) 1 Defendants.

13 On December 17, 2020, Plaintiff filed what the Court construes as a notice voluntarily dismissing this action without prejudice pursuant to Federal Rule of Civil Procedure ||41(a)(1)(A)G@). (ECF No. 40). Therefore, this action has been terminated.! Fed. R. Civ. P. || 41(aC (ANG); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the || Clerk of Court is respectfully directed to terminate all pending motions and deadlines and to || close the case.

20 IT IS SO ORDERED. *I || Dated: _December 18, 2020 [Je hey — 22 UNITED STATES MAGISTRATE JUDGE ' As Plaintiff seeks dismissal without prejudice, the Court notes that the dismissal is without prejudice, || unless Plaintiff has previously dismissed a federal or state court action that is based on, or includes, the same claims at issue in the present case. See Fed. R. Civ. P. 41(a)(1)(B) (‘Unless the notice or stipulation states || otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.”).

28 || Thus, although Plaintiff's case is voluntarily dismissed, it is unclear, and the Court does not decide, whether the voluntary dismissal is with or without prejudice.