Paradise v. Davis

• Court: District Court, N.D. California
• Decided: January 3, 2020
• Docket: 4:19-cv-07939
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MATTHEW CHRISTIAN PARADISE, 7 Case No. 19-cv-07939-YGR (PR) Petitioner, g ORDER OF VOLUNTARY DISMISSAL v. 9 10 RON DAVIS, Warden, Respondent. 11 a 12 This action was reassigned from a magistrate judge to the undersigned in light of a recent

13 || Ninth Circuit decision.'

v 14 Pursuant to the notice of voluntary dismissal of this action filed by Petitioner on December

15 11, 2019, this action is terminated. See Fed. R. Civ. P. 41(a)(1); Hamilton v. Shearson-Lehman A 16 || American Exp. Inc., 813 F.2d 1532, 1534-1536 (9th Cir. 1987) (Rule 41(a)(1)() does not require

3 17. || leave of court to dismiss the action). The dismissal is without prejudice. See Fed. R. Civ. P. 18 || 41(a)(1) (unless the notice of dismissal states otherwise, it is deemed to be “without prejudice); 19 Humphreys v. United States, 272 F.2d 411, 412 (9th Cir. 1959). 20 The Clerk of the Court shall close the file. All pending motions are terminated. No filing 1 || fee is due. 2 IT IS SO ORDERED. 23 Dated: January 3, 2020 24 YVONNE GONZALEZ ROGE 25 United States District Court Judge 26 27 ' Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017) (magistrate judge lacked jurisdiction 2g || to dismiss case on initial screening because unserved defendants/respondents had not consented to proceed before magistrate judge).