Doe A.G. v. Olmos

United States District Court for the Eastern District of California

Doe A.G. v. Olmos

Trial Court Opinion

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8 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA 11 JANE DOE A.G., Case No. 1:25-cv-00896-JLT-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT 13 TO TERMINATE DEFENDANTS v. CALIFORNIA DEPARTMENT OF 14 CORRECTIONS AND REHABILITATION, JONATHON JOSHUA OLMOS, et al., AND CALIFORNIA PRISON INDUSTRY 15 AUTHORITY Defendants. 16 (ECF No. 10)

17 On August 21, 2025, Plaintiff filed a notice of voluntary dismissal of the action without 18 prejudice as to Defendants California Department of Corrections and Rehabilitation, and 19 California Prison Industry Authority, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of 20 Civil Procedure. 21 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 22 action prior to service by the defendant of an answer or a motion for summary judgment.’” 23 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

193 F.3d 1074, 1077

(9th Cir. 1999), 24 quoting Wilson v. City of San Jose,

111 F.3d 688

, 692 (9th Cir. 1997). “[A] dismissal under 25 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no 26 action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to 27 do anything about it.” Id. at 1078; see also Pedrina v. Chun,

987 F.2d 608

, 609 (9th Cir. 1993). 1 | In this action, neither of these defendants have filed an answer, other responsive pleading, or 2 | motion for summary judgment. 3 Accordingly, the Clerk of the Court is HEREBY ORDERED to TERMINATE 4 | Defendants California Department of Corrections and Rehabilitation, and California Prison 5 | Industry Authority in this action. 6 7 IT IS SO ORDERED. FA. Se g Dated: _ August 22, 2025 " STANLEY A. BOONE 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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