1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MOISES GOMEZ MENDEZ, No. ED CV 25-3401-DOC-E 12 Petitioner,

ORDER RE VOLUNTARY DISMISSAL

13 v. 14 PAMELA BONDI, ET AL., 15 Respondent. 16 17 18 19 20 21 22 23 24 25 26 27 1 On January 13, 2026, Petitioner filed a “Motion for Dismissal, etc.,” requesting 2 || dismissal of the action without prejudice. The Court construes this motion as a notice of 3 || voluntary dismissal pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a) 4 || permits a plaintiff or petitioner to dismiss an action voluntarily, without court order, by filing a 5 || notice of dismissal at any time before service by an adverse party of an answer or a motion for 6 || summary judgment. See Fed. R. Civ. P. 41(a); Mosely v. Trate, 2023 WL 2480571, at *1 7 | (E.D. Cal. March 13, 2023) (Rule 41(a) applies to federal habeas petitioners). No adverse 8 || party has filed any answer or motion for summary judgment in this action. Therefore, under 9 || Rule 41(a)(1), the action is deemed dismissed by operation of law. See Commercial Space 10 || Management Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999) (“it is beyond debate that 11 || a dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are 12 || left as though no action had been brought, the defendant can't complain, and the district 13 || court lacks jurisdiction to do anything about it"). This dismissal is without prejudice. See Fed. 14 || R. Civ. P. 41(a). 15 16 Dated: January 13 , 2026. 17 / Alin 0 Cuter 19 hoe Cater) 20 UNITED STATES DISTRICT JUDGE 91 || PRESENTED this 13th day 92 || of January, 2026, by: 23 9A [S/

CHARLES F. EICK

95 || UNITED STATES MAGISTRATE JUDGE 26 27 28