FILED
NOT FOR PUBLICATION AUG 05 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
REJEANNE BERNIER, No. 11-55058
Plaintiff - Appellant, D.C. No. 3:10-cv-01698-LAB-
POR
and
HANS S. CORTEAU, MEMORANDUM *
Plaintiff,
v.
JOCELYN G. CROTEAU, AKA Jessie G.
Croteau; PAUL M. KING; ROYAL
ELECTRIC, INC., a California
corporation; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted July 24, 2013 **
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Rejeanne Bernier appeals pro se from the district court’s order dismissing
her 42 U.S.C. § 1983 action against certain defendants with prejudice. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo, Am. Soccer Co., Inc. v.
Score First Enters., 187 F.3d 1108, 1110 (9th Cir. 1999), and we vacate.
On December 1, 2010, Bernier filed a notice of dismissal pursuant to Federal
Rule of Civil Procedure 41(a)(1)(i). The filing of the notice of voluntary dismissal
automatically terminated the action, “leav[ing] no role for the court to play.” Am.
Soccer Co., 187 F.3d at 1110. Accordingly, we vacate the district court’s order
filed on December 7, 2010 granting the pending motions to dismiss and dismissing
with prejudice Bernier’s claims against the defendants who had filed those motions
because the filing of the notice of voluntary dismissal should have resulted in a
dismissal of the entire action without prejudice. See Fed. R. Civ. P. 41(a)(1).
Bernier’s request for a stay is denied.
Appellee King and Royal Electric, Inc.’s request for judicial notice is denied
as unnecessary.
The parties shall bear their own costs on appeal.
VACATED.
2 11-55058