Timothy D. Wilkins v. Holcolm

Opinion

Case 2:22-cv-03608-SVW-E Document 16 Filed 10/24/22 Page 1 of 2 Page ID #:104

1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 TIMOTHY D. WILKINS, ) NO. CV 22-3608-SVW(E) ) 12 Plaintiff, ) ) 13 v. ) ORDER RE VOLUNTARY DISMISSAL ) 14 HOLCOLM, ET AL., ) ) 15 ) Defendants. ) 16 ) 17 18 On October 17, 2022, Plaintiff filed a “Voluntary Dismissal, 19 etc.,” requesting dismissal of the action without prejudice. The 20 Court construes this filing as a notice of voluntary dismissal 21 pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 22 41(a) permits a plaintiff to dismiss an action voluntarily, without 23 court order, by filing a notice of dismissal at any time before 24 service by an adverse party of an answer or a motion for summary 25 judgment. No defendant has filed any answer or motion for summary 26 judgment in this action. Therefore, under Rule 41(a)(1), the action 27 is deemed dismissed by operation of law. See Com. Space Mgmt. Co. v. 28 Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999) (“it is beyond debate Case 2:22-cv-03608-SVW-E Document16 Filed 10/24/22 Page 2of2 Page #:105

1] that a dismissal under Rule (1) is effective on filing, no court 2] order is required, the parties are left as though no action had been 3] brought, the defendant can’t complain, and the district court lacks 4] jurisdiction to do anything about it”). This dismissal is without 5] prejudice. See Fed. R. Civ. P. 41(a). 7 DATED: October 24, 2022 . 9 ka )pse 10 >