(PC) Penate v. Ramadan

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT MAURICIO PENATE, No. 1:24-cv-01315-KES-SAB (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL 13 v. (ECF No. 13) 14 AMR H. RAMADAN,

15 Defendant.

16 17 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 18 U.S.C. § 1983. 19 On October 31, 2024, the Court ordered Plaintiff to show cause why the action should not 20 be dismissed, without prejudice, for failure to exhaust the administrative remedies. (ECF No. 8.) 21 Plaintiff filed a response on November 15, 2024. (ECF No. 9.) 22 On November 19, 2024, Findings and Recommendations were issued recommending 23 dismissal of the action, without prejudice, for failure to exhaust the administrative remedies. 24 (ECF No. 11.) 25 On December 13, 2024, Plaintiff filed a voluntary dismissal of this case pursuant to 26 Federal Rule of Civil Procedure 41. (ECF No. 13.) 27 /// 28 1 “[UJnder Rule 41(a)(1)(), a plaintiff has an absolute right to voluntarily dismiss his action 2 || prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 3 | Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and 4 | citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 5 || required, the parties are left as though no action had been brought, the defendant can't complain, 6 | and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has 7 | been served in this action and no defendant has filed an answer or motion for summary judgment. 8 | Accordingly, this action is terminated, without prejudice, by operation of law without further 9 | order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). 10 IT IS SO ORDERED. DAM Le 12 | Dated: _December 18, 2024 _ ef STANLEY A. BOONE 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28