Brown v. United States of America et al
Filing
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ORDER Granting Plaintiff's 5 Request for Voluntary Dismissal; ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by District Judge Lawrence J. O'Neill on 11/17/2011. CASE CLOSED. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOSEPH A. BROWN,
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Plaintiff,
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CASE NO. 1:11-cv–01826-LJO-BAM PC
ORDER GRANTING PLAINTIFF’S REQUEST
FOR VOLUNTARY DISMISSAL (ECF No. 5)
v.
ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE AND ADJUST DOCKET TO
REFLECT VOLUNTARY DISMISSAL
UNITED STATES OF AMERICA, et al.,
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Defendants.
/
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Plaintiff Joseph A. Brown is a state prisoner proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. § 1983. This action was filed on October 31, 2011. The complaint was
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screened and on November 9, 2011, a findings and recommendation issued recommending the action
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be dismissed, without leave to amend, for failure to state a claim. On November 16, 2011, Plaintiff
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filed a notice of voluntary dismissal.
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“[U]nder Rule 41(a)(1)(I), ‘a plaintiff has an absolute right to voluntarily dismiss his action
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prior to service by the defendant of an answer or a motion for summary judgment.’” Commercial
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Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v.
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City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under Rule 41(a)(1) is effective
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on filing, no court order is required, the parties are left as though no action had been brought, the
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defendant can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at
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1078. No defendant has filed an answer or other responsive pleading.
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Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case
and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).
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IT IS SO ORDERED.
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Dated:
b9ed48
November 17, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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