Cristian Montes Rodriguez, et al. v. United States Postal Service

• Court: District Court, E.D. California
• Decided: October 15, 2025
• Docket: 1:25-cv-00929
• Status: Unknown

Opinion

8 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA 11 CRISTIAN MONTES RODRIGUEZ, et al., Case No. 1:25-cv-00929-SAB 12 Plaintiffs, ORDER DIRECTING CLERK OF COURT 13 TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 14 UNITED STATES POSTAL SERVICE, (ECF No. 7) 15 Defendant. 16 17 On October 14, 2025, Plaintiff filed a notice of voluntary dismissal of the entire action 18 pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. 19 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 20 action prior to service by the defendant of an answer or a motion for summary judgment.’” 21 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999), 22 quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). “[A] dismissal under Rule 23 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had 24 been brought, the defendant can’t complain, and the district court lacks jurisdiction to do anything 25 about it.” Id. at 1078; see also Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). In this action, 26 no defendant has filed an answer, other responsive pleading, or motion for summary judgment. 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 (a). 3 4 IT IS SO ORDERED. FA. Se 5 Dated: _ October 15, 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