Timothy M. Crawley, as Personal Representative of the Estate of Gregory A. Buck, deceased v. California Department of Corrections and Rehabilitation, et al.

Opinion

UNITED STATES DISTRICT COURT TIMOTHY M. CRAWLEY, as Personal Case No. 1:25-cv-00388-JLT-SAB Representative of the Estate of Gregory A. Buck, deceased, , ORDER DIRECTING CLERK OF COURT TO TERMINATE DEFENDANT BRYAN D. Plaintiff, PHILLIPS v. (ECF No. 38) CALIFORNIA DEPARTMENT OF et al., Defendants. On January 11, 2026, Plaintiff filed a notice of voluntary dismissal of the action without prejudice as to Defendant Bryan D. Phillips pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.’” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999), quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at 1078; see also Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). In this action, no defendant has filed an answer, other responsive pleading, or motion for summary judgment. Accordingly, the Clerk of the Court is HEREBY ORDERED to TERMINATE Defendant Bryan D. Phillips in this action. IT IS SO ORDERED. OF tf (Sc Dated: _ January 12, 2026 ; STANLEY A. BOONE United States Magistrate Judge