Oliver

Oliver v. ABC Legal Services, L.L.C.

Good Law
United States District Court, Eastern District of CaliforniaJanuary 23, 20251:24-cv-00895California613 words

Opinion

trial_court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONY J. OLIVER, Case No. 1:24-cv-00895 JLT BAM 10 Plaintiff, ORDER GRANTING MOTION TO

STRIKE LEGALESE ATTORNEY

11 v. SERVICE, LLC’S ANSWER; AND

DISMISSING ENTIRE ACTION

12 ABC LEGAL SERVICES, L.L.C., et al., WITHOUT PREJUDICE 13 Defendants. (Docs 71, 96) 14 15 Anthony J. Oliver, a prisoner proceeding pro se, initiated this civil action on July 29, 16 2024. (Doc. 1.) He filed the operative first amended complaint on August 9, 2024. (Doc. 11.) On 17 January 21, 2025, he filed a notice of dismissal attempting to voluntarily dismiss without 18 prejudice all remaining claims against all remaining defendants pursuant to Federal Rule of Civil 19 Procedure 41(a)(1)(A)(i). That rule permits voluntary dismissal only “before the opposing party 20 serves either an answer or a motion for summary judgment.” Id. Because two of the still- 21 remaining parties have filed answers, automatic dismissal under Rule 41(a)(1)(A)(i) is not 22 immediately effective and further…

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