McKay

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EPHRAIM JENKINS., Case No. 1:20-cv-00118-AWI-SKO (PC)

Plaintiff,

ORDER DIRECTING THE CLERK OF

v. THE COURT TO CLOSE CASE

J. MCKAY, et al., Defendants. 16 Plaintiff has filed a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). (Doc. 13.) The rule provides that 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 dismissal under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. Commercial 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 appeared in this case, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the Court to close this case.…