(PC) Lipsey v. Seitz

Opinion

CHRISTOPHER LIPSEY, JR., Case No. 1:18-cv-00766-AWI-SKO (PC)

Plaintiff, ORDER DIRECTING THE CLERK OF v. THE COURT TO CLOSE CASE

B. SEITZ, et al., Defendants. Plaintiff Christopher Lipsey, Jr., filed a notice of voluntary dismissal on September 30, 2020. (Doc. 60.) Pursuant to Federal Rule of Civil Procedure 41(a)(1), a “plaintiff may dismiss an action without a court order by filing … a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Once a dismissal under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). /// /// /// Because Plaintiff has filed a notice of dismissal, and no opposing party has filed an answer or a motion for summary judgment, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the Court to close this case. IT IS SO ORDERED.

Sheila K. Oberto Dated: October 9, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE