Antonio Rubio v. Madera Community Hospital

Summary

The United States District Court for the Eastern District of California directs the Clerk of Court to close the case and adjust the docket after the plaintiff filed a notice voluntarily dismissing the entire action with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The court notes that the dismissal was effective upon filing because the defendant had not filed an answer or other responsive pleading.

Holdings

1. A plaintiff has an absolute right to voluntarily dismiss an action before the defendant serves an answer or a motion for summary judgment, and the dismissal is effective upon filing without a court order.

Questions Presented

1. Whether the Clerk should close the case and adjust the docket to reflect Plaintiff's voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i).

Disposition

dismissed