Karlis Ruben Augustus Howard v. Komaki, et al.

[7] 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA [10] 11 KARLIS RUBEN AUGUSTUS Case No. 1:24-cv-00386-BAM (PC) HOWARD, 12 ORDER REGARDING PLAINTIFF’S Plaintiff, REQUEST FOR VOLUNTARY DISMISSAL 13 WITH PREJUDICE v. 14 (ECF No. 21) KOMAKI, et al., [15] Defendants. [16] 17 Plaintiff Karlis Ruben Augustus Howard (“Plaintiff”) is a former state prisoner proceeding 18 pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983 . 19 On November 19, 2025, a global settlement was reached, including this action. (ECF No. 20 20.) Currently before the Court is a request for voluntary dismissal with prejudice pursuant to 21 Federal Rule of Civil Procedure 41(a)(1)(A)(i), signed by Plaintiff on November 21, 2025. (ECF 22 No. 21.) 23 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 24 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 25 Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and 26 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 27 required, the parties are left as though no action had been brought, the defendant can’t complain, 28 and the district court lacks jurisdiction to do anything about it.” Id. at 1078 . No defendant has 1 been served in this action and no defendant has filed an answer or motion for summary 2 judgment. 3 Accordingly, this action is terminated, without prejudice, by operation of law without 4 further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to 5 close this case. [6] IT IS SO ORDERED. [7] 8 Dated: December 8, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE