White et al v. County of Stanislaus et al, No. 1:2018cv01206 - Document 52 (E.D. Cal. 2019)

Court Description: ORDER VACATING 49 FINDINGS AND RECOMMENDATIONS and DIRECTING Clerk of the Court to CLOSE this Matter Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure signed by Magistrate Judge Stanley A. Boone on 4/8/2019. CASE CLOSED. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY WHITE, et al., Plaintiffs, 12 13 14 15 Case No. 1:18-cv-01206-DAD-SAB ORDER VACATING FINDINGS AND RECOMMENDATIONS AND DIRECTING CLERK OF THE COURT TO CLOSE THIS MATTER PURSUANT TO RULE 41(a)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE v. COUNTY OF STANISLAUS, et al., Defendants. (ECF No. 49, 51) 16 17 On April 4, 2019, findings and recommendations issued recommending granting in part 18 and denying in part Defendants County of Stanislaus, Kelley, Trantham, Perez, and Rocha’s 19 motion to dismiss. (ECF No. 49.) On April 5, 2019, Plaintiff’s filed a motion for dismissal 20 without prejudice. (ECF No. 51.) 21 Under Rule 41(a)(1)(A)(i), “a plaintiff has an absolute right to voluntarily dismiss his 22 action prior to service by the defendant of an answer or a motion for summary judgment.” 23 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 24 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 25 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 26 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 27 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 28 the parties are left as though no action had been brought, the defendant can’t complain, and the 1 1 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 2 F.3d at 1078. In this action, no defendant has filed an answer or motion for summary judgment. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. All pending dates and matters, including the findings and recommendations issued April 4, 2019 are VACATED; and 5 2. 6 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). 7 8 9 IT IS SO ORDERED. 10 Dated: April 8, 2019 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.