(PC) Sanders v. Grimes

Opinion

TROY ALEXANDER SANDERS, Case No. 1:18-cv-01285-AWI-JLT (PC)

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

GRIMES, et al., Defendants. Plaintiff has filed a request for voluntary dismissal without prejudice. (Doc. 54.) 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. Com. 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 terminate all pending motions and to close this case.

Dated: June 24, 2021 _ /s/ Jennifer L. Thurston