(PC) Botts v. Corcoran State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 D’RON BOTTS, Case No. 1:20-cv-01718-JLT (PC)

Plaintiff, ORDER DENYING MOTION FOR

WAIVER OF FILING FEE AND

v. DIRECTING CLERK OF THE COURT

TO CLOSE CASE

CORCORAN STATE PRISON, et al., (Doc. 18) Defendants. 16 Plaintiff, a state prisoner proceeding in forma pauperis, has filed a motion to “drop this suit.” (Doc. 18.) The Court construes the motion as a notice of voluntary dismissal. 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 notice of dismissal under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). Because Plaintiff has filed a notice of…