(PC) Bazzo v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANK MONACO BAZZO, No. 1:23-cv-01454-KES-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO
TERMINATE ACTION PURSUANT TO
v. PLAINTIFF’S MOTION FOR VOLUNTARY
DISMISSAL
STATE OF CALIFORNIA, et al. (ECF No. 30) Defendants. 16 Plaintiff is proceeding pro se in this action filed pursuant to 42 U.S.C. § 1983. On March 31, 2025, the Court discharge the order to show cause and granted Plaintiff thirty days to file an amended complaint. In response, on April 29, 2025, Plaintiff filed a motion to voluntarily dismiss the action pursuant to Federal Rule of Civil Procedure 41. “[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 1074, 1077 (9th Cir. 1999) (quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is…