Ceballos

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE SIMMS, Case No. 1:20-cv-00285-JLT (PC)

Plaintiff,

ORDER DIRECTING THE CLERK OF

v. THE COURT TO CLOSE CASE

J. CEBALLOS, et al., Defendants. 16 Plaintiff has filed a document titled, “Request that the … Action be dropped,” wherein he states that he is “withdrawing [his] lawsuit an[d] ask[s] that it be set aside without prejudice.” (Doc. 11.) The Court construes Plaintiff’s filing as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). Under the rule, 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.…