(PC) Welk v. California Department of Corrections

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RICHARD JAMES WELK, Case No. 1:21-cv-01476-JLT (PC)

Plaintiff, ORDER DIRECTING THE CLERK OF

THE COURT TO CLOSE CASE v.

CALIFORNIA DEPARTMENT OF

CORRECTIONS, et al.,

Defendants.

Plaintiff filed notice of voluntary dismissal with prejudice on October 15, 2021. (Doc. 8.) Pursuant to Federal Rule of Civil Procedure 41(a)(1), a “plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999).

Because Plaintiff has filed a notice of dismissal and no opposing party has filed an answer or a motion for summary judgment, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the Court to terminate all pending motions and to close this case.

IT IS SO ORDERED.

Dated: October 21, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE