Antonio Rubio v. Madera Community Hospital

• Court: District Court, E.D. California
• Decided: December 22, 2025
• Docket: 1:23-cv-00262
• Status: Unknown

Opinion

7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 ANTONIO RUBIO, Case No. 1:23-cv-00262-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT 12 TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 13 MADERA COMMUNITY HOSPITAL, (ECF No. 14) 14 Defendant. 15 16 On December 19, 2025, Plaintiff filed a notice of voluntary dismissal of the entire action 17 with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF No. 18 14.) 19 “[U]nder Rule 41(a)(1)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action 20 prior to service by the defendant of an answer or a motion for summary judgment.’” Commercial 21 Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson 22 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under Rule 41(a)(1) is 23 effective on filing, no court order is required, the parties are left as though no action had been 24 brought, the defendant can’t complain, and the district court lacks jurisdiction to do anything 25 about it.” Commercial Space Mgmt. Co., Inc., 193 F.3d at 1078. In this action, defendant has 26 not filed an answer or other responsive pleading. 27 / / / / / / 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case 2 | and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a)(1). 3 4 T IS SO ORDERED. FA. Se 5 Dated: _ December 22, 2025 " STANLEY A. BOONE 6 United States Magistrate Judge 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28