Shorter v. California State Prison-Corcoran (CDCR) et al
Filing
10
ORDER GRANTING 9 Motion to Dismiss Pursuant to Rule 41; ORDER DISMISSING Action in its Entirety Without Prejudice; ORDER DIRECTING Clerk to Close File signed by Magistrate Judge Gary S. Austin on 3/29/2010. The Clerk of the Court is DIRECTED to adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). CASE CLOSED. (Bradley, A)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 / 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Anthony Shorter ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint on September 30, 2009. (Doc. 1.) On October 16, 2009, plaintiff consented to the jurisdiction of a United States Magistrate Judge. (Doc. 5.) No other party has appeared in this action. On March 25, 2010, plaintiff filed a motion to voluntarily dismiss his complaint. (Doc. 9.) In Wilson v. City of San Jose, the Ninth Circuit explained: Under Rule 41(a)(1), 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. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citing Hamilton v. Shearson-Lehman American Express, 813 F.2d 1532, 1534 (9th Cir. 1987)). A plaintiff may dismiss his action so long as the plaintiff files a notice of dismissal prior to the defendant's service of an answer or motion for summary judgment. The dismissal is effective on filing and no court order is required. Id. 1 ORDER DIRECTING CLERK TO CLOSE FILE v. CALIFORNIA STATE PRISON CORCORAN (CDCR), et al., ANTHONY SHORTER, Plaintiff, 1:09-cv-01717-GSA-PC ORDER GRANTING MOTION TO DISMISS PURSUANT TO RULE 41 (Doc. 9.) ORDER DISMISSING ACTION IN ITS ENTIRETY WITHOUT PREJUDICE
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
The plaintiff may dismiss some or all of the defendants, or some or all of his claims, through a Rule 41(a)(1) notice. Id.; Pedrina v. Chun, 987 F.2d 608, 60910 (9th Cir. 1993). The filing of a notice of voluntary dismissal with the court automatically terminates the action as to the defendants who are the subjects of the notice. Concha, 62 F.2d at 1506. Unless otherwise stated, the dismissal is ordinarily without prejudice to the plaintiff's right to commence another action for the same cause against the same defendants. Id. (citing McKenzie v. DavenportHarris Funeral Home, 834 F.2d 930, 934-35 (9th Cir. 1987)). Such a dismissal leaves the parties as though no action had been brought. Id. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). No defendant has filed an answer or motion for summary judgment in this action. Therefore, plaintiff's motion shall be granted. Accordingly, IT IS HEREBY ORDERED that: 1. 2. 3. Plaintiff's motion to dismiss the complaint is GRANTED; This action is DISMISSED in its entirety without prejudice; and The Clerk of the Court is DIRECTED to close the file in this case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).
IT IS SO ORDERED. Dated: 6i0kij
March 29, 2010
/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
