Schultz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMY JEROME SMILEY, No. 2:24-cv-01626-KJM-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS SCHULTZ, et al., Defendants. 16 Plaintiff is a former state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. At plaintiff’s request the court dismissed his case, ECF No. 15, but he has now asked the court to re-open it. ECF No. 16. He has also filed a motion for a temporary restraining order. ECF No. 17. Both requests must be denied. On August 19, 2024, plaintiff asked the court to dismiss his case. ECF No. 14. Accordingly, the court dismissed the case under Federal Rule of Civil Procedure 41(a)(1) on August 30, 2024. ECF No. 15. Plaintiff’s request for dismissal and the court’s grant of that request closed the case and deprived the court of jurisdiction over the dismissed claims. Energy Trading and Mktg., LLC v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001) (“Once the notice of 26 …