Cuellar

Cuellar v. Fudge

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20251:25-cv-00100California320 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA 11 TRAVIS JUSTIN CUELLAR, Case No. 1:25-cv-00100-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) MARCIA FUDGE, et al., OF THE FEDERAL RULES OF CIVIL PROCEDURE Defendants. (ECF No. 11)

17 On April 29, 2025, Plaintiff filed a notice of dismissal of this action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 11.) “[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). “[A] dismissal under Rule 41(a)(1) is effective on filing, no…

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