Cole
(PC) Crossley v. Cole
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LAMONT CROSSLEY, Case No.: 1:22-cv-00408-ADA-CDB (PC) Plaintiff,
ORDER RE VOLUNTARY DISMISSAL
v. (Doc. 19) J. COLE, et al.,
ORDER DIRECTING CLERK OF THE
Defendants. COURT TO CLOSE CASE
16 Plaintiff Lamont Crossley filed a notice of voluntary dismissal on October 27, 2023. (Doc. 19.) 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 2 answer or a motion for summary judgment, this…