Vela

Vela v. Porterville Police Department

Good Law
United States District Court, Eastern District of CaliforniaAugust 7, 20241:24-cv-00564California387 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PASTOR ISABEL VELA, Case No. 1:24-cv-00564-KES-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST DOCKET

v. TO REFLECT VOLUNTARY DISMISSAL

AND TERMINATING MAY 23, 2024

PORTERVILLE POLICE DEPARTMENT, FINDINGS AND RECOMMENDATIONS

Defendant. (ECF No. 6)

16 This action was filed on May 13, 2024. (ECF No. 1.) Currently pending are findings and recommendations, filed May 23, 2024, recommending dismissing this action without leave to amend. (ECF No. 5.) On August 6, 2024, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)).…

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