Opinion
1:21-cv-01434-SKO (PC)
12-14-2021
JOHN E. MITCHELL, Plaintiff, v. R. DIAZ, et al., Defendants.
ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE
SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE
Plaintiff John E. Mitchell has filed a notice of voluntary dismissal. (Doc. 9.) Under Federal Rule of Civil Procedure 41(a)(1), a “plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Fed.R.Civ.P. 41(a)(1)(A)(i). Once a notice of dismissal under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999).
Because Plaintiff has filed a notice of dismissal, and no opposing party has filed an answer or a motion for summary judgment, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the Court to close this case.
IT IS SO ORDERED.