Diamonte Jerome McGhee v. Lorenzo Castrejon, et al.

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 to reflect the plaintiff's voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The court explains that the dismissal was effective upon filing because no defendant had filed an answer, other responsive pleading, or motion for summary judgment.

Holdings

1. A plaintiff has an absolute right to voluntarily dismiss an action before the defendant serves an answer or motion for summary judgment, and the dismissal is effective upon filing without a court order.
2. The clerk was directed to close the file and adjust the docket to reflect the voluntary dismissal under Rule 41(a)(1).

Questions Presented

1. Whether Plaintiff's notice of voluntary dismissal was effective under Federal Rule of Civil Procedure 41(a)(1)(A)(i) before any defendant filed an answer or motion for summary judgment.
2. Whether the clerk should close the case and adjust the docket to reflect the voluntary dismissal.

Disposition

dismissed