Silva

(PC) Howell v. Silva

Good Law
United States District Court, Eastern District of CaliforniaNovember 3, 20201:20-cv-00133California244 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KAREEM J. HOWELL, Case No. 1:20-cv-00133-DAD-JLT (PC)

Plaintiff,

ORDER DIRECTING THE CLERK OF

v. THE COURT TO CLOSE CASE

SILVA, Defendant. 16 Plaintiff filed a notice of voluntary dismissal on October 23, 2020. (Doc. 22.) Pursuant to Federal Rule of Civil Procedure 41(a)(1), 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 filed an answer or a motion for summary judgment, this action has terminated. Accordingly, the Court 3 …

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