Martin v. Marshall

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JARED ANDREW MARTIN, Case No. 1:22-cv-00681-AWI-EPG 11 Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATION 12 v. (ECF No. 12) 13 NOAH MARSHALL, et al., ORDER DIRECTING CLERK OF COURT TO 14 Defendants. CLOSE CASE IN LIGHT OF PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL 15 (ECF No. 13) 16

17 18 On July 6, 2022, this Court issued findings and recommendations that Plaintiff’s 19 complaint be dismissed without leave to amend based on the Younger1 abstention doctrine and 20 Plaintiff’s failure to state a claim of malicious prosecution. (ECF No. 12). On July 19, 2022, 21 Plaintiff filed a notice of voluntary dismissal (ECF No. 13), pursuant to Federal Rule of Civil 22 Procedure 41(a)(1)(A)(i), as Defendants have not filed an answer or motion for summary 23 judgment. In light of Plaintiff’s notice of voluntary dismissal, this case has ended.2 Accordingly, 24 1 Younger v. Harris, 401 U.S. 37 (1971). 25 2 Plaintiff states that he does not object to the findings and recommendations to dismiss his complaint but asks that the dismissal be without prejudice so that he may later bring his civil claims after his criminal 26 case is resolved. Rule 41(a)(1)(b) governs the effect of a notice of voluntary dismissal: “Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed 27 any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.” The Court notes that Plaintiff may have another federal action based on or 28 including the same claims, 1:22-cv-698-AWI-SKO. Accordingly, Plaintiff’s ability to reassert his 1 | this Court vacates the July 6, 2022 findings and recommendations (ECF No. 12), and the Clerk of 2 | Court is respectfully directed to close the case. 3 4 IT IS SO ORDERED. 5] Dated: _ July 20, 2022 [Jee ey 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 | ————— dismissed claims in this action may depend on whether he voluntarily dismisses similar claims in another 28 pending or future action.