Villalobos
(PC) Cuellar v. Villalobos
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TRAVIS JUSTIN CUELLAR, Case No. 1:24-cv-01434-KES-BAM (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S
REQUEST FOR DISMISSAL
v. (ECF No. 7) VILLALOBOS, et al., Defendants. 16 Plaintiff Travis Justin Cuellar (“Plaintiff”) is a pretrial detainee proceeding pro se in this civil rights action under 42 U.S.C. § 1983. Following Plaintiff’s failure to respond to the Court’s order for Plaintiff file an application to proceed in forma pauperis or pay the filing fee, the undersigned issued findings and recommendations to dismiss this action due to Plaintiff’s failure to obey a court order and failure to prosecute. (ECF Nos. 3, 6.) On February 7, 2025, Plaintiff filed a request for dismissal of this case. (ECF No. 7.) “[U]nder Rule 41(a)(1)(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…