Mimms

(PC) Palmer v. Mimms

Good Law
United States District Court, Eastern District of CaliforniaJanuary 24, 20231:22-cv-01611California258 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARLON PALMER, Case No.: 1:22-cv-01611-CDB (PC) Plaintiff, ORDER RE VOLUNTARY DISMISSAL

v. (Doc. 10)

MARGARET MIMMS, ORDER DIRECTING CLERK OF THE

COURT TO CLOSE CASE

Defendant.

16 Plaintiff Marlon Palmer filed a notice of voluntary dismissal on January 23, 2022. (Doc. 10.) 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…

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