1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA 11 TRAVIS JUSTIN CUELLAR, Case No. 1:25-cv-00100-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT 13 TO CLOSE CASE AND ADJUST THE v. DOCKET TO REFLECT VOLUNTARY 14 DISMISSAL PURSUANT TO RULE 41(a) MARCIA FUDGE, et al., OF THE FEDERAL RULES OF CIVIL 15 PROCEDURE Defendants. 16 (ECF No. 11)

17 18 On April 29, 2025, Plaintiff filed a notice of dismissal of this action without prejudice 19 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 11.) 20 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 21 action prior to service by the defendant of an answer or a motion for summary judgment.’” 22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

(9th Cir. 1999), 23 quoting Wilson v. City of San Jose,

(9th Cir. 1997). “[A] dismissal under 24 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no 25 action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to 26 do anything about it.” Commercial Space Mgmt. Co., Inc.,

; see also Pedrina v. 27 Chun,

, 609 (9th Cir. 1993). In this action, no defendant has filed an answer, other responsive pleading, or motion for summary judgment. 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 2 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: _ April 30, 2025 STANLEY A. BOONE 6 United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28