Moises Gomez Mendez v. Pamela Bondi, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 MOISES GOMEZ MENDEZ, No. ED CV 25-3401-DOC-E Petitioner,
ORDER RE VOLUNTARY DISMISSAL
v. PAMELA BONDI, ET AL., Respondent. 16 17 18 19 20 21 22 23 24 25 26 27 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 || voluntary dismissal pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a) || permits a plaintiff or petitioner to dismiss an action voluntarily, without court order, by filing a || notice of dismissal at any time before service by an adverse party of an answer or a motion for || summary judgment. See Fed. R. Civ. P. 41(a); Mosely v. Trate, 2023 WL 2480571, at *1 (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 || Rule 41(a)(1), the action is deemed dismissed by operation…