(PC) Reed v. Buckel

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MYCHAL REED, Case No. 1:23-cv-01431-NODJ-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S MOTION TO DISMISS 13 v. (ECF No. 27) 14 BUCKEL, et al., 15 Defendants. 16 17 Plaintiff Mychal Reed (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. The complaint has not yet been 19 screened. On January 29, 2024, Plaintiff filed a motion to dismiss his case immediately. (ECF 20 No. 27.) 21 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 22 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 23 Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and 24 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 25 required, the parties are left as though no action had been brought, the defendant can’t complain, 26 and the district court lacks jurisdiction to do anything about it.” Id. at 1078. No defendant has 27 been served in this action and no defendant has filed an answer or motion for summary 28 judgment. 1 As Plaintiff did not specify whether the dismissal is with or without prejudice, the Court 2 finds that a dismissal without prejudice is appropriate. Fed. R. Civ. P. 41(a)(2). 3 Accordingly, this action is terminated, without prejudice, by operation of law without 4 further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to 5 assign a District Judge for the purposes of closing this case, terminate all pending motions and 6 deadlines, and close this case. 7 IT IS SO ORDERED. 8

9 Dated: January 29, 2024 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10

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