Summary
The United States District Court for the Eastern District of California directs the Clerk to close the case and adjust the docket to reflect the plaintiff’s voluntary dismissal with 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
- Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff has an absolute right to voluntarily dismiss the action before the defendant serves an answer or motion for summary judgment, and the dismissal is effective upon filing without a court order.
Questions Presented
- 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
Cases Cited (3)
- Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077-78 (9th Cir. 1999)(followed)
- Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)(followed)
- Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…