(PC) Mitchell v. Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHN E. MITCHELL, Case No. 1:21-cv-01434-SKO (PC) Plaintiff,

ORDER DIRECTING THE CLERK OF v. THE COURT TO CLOSE CASE

R. DIAZ, et al.,

Defendants.

Plaintiff John E. Mitchell has filed a notice of voluntary dismissal. (Doc. 9.) Under 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 notice of 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 close this case.

IT IS SO ORDERED.

Dated: December 14, 2021 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE