Canell
Canell v. Multnomah County Detention Center
Opinion
Lead Opinion
MEMORANDUM **
Alvin H. Canell, an Oregon state prisoner, appeals pro se the district court’s order granting defendants’ motion to dismiss without prejudice their counter-claim pursuant to Federal Rule of Civil Procedure 41(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We review for an abuse of discretion, Westlands Water Dist. v. United States, 100 F.3d 94 , 96 (9th Cir.1996), and affirm.
Canell filed a 42 U.S.C. § 1983 action against defendants. Canell alleges that defendants filed a counter-claim seeking compensation for the expense of his incarceration in Multnomah County Jail, pursuant to Or.Rev.Stat. § 169.151, in retaliation for his having filed his civil-rights action. Canell contends that such retaliation violates his constitutional rights.
Because Canell had filed a motion for summary judgment relating to defendants’ counter-claim and refused to sign a stipulation to dismiss the counterclaim, defendants had to seek an order from the court to dismiss the counter-claim without prejudice. See Fed.R.Civ.P. 41(a)(2). When considering such a dismissal, the district court had to determine whether Canell would suffer “plain legal prejudice.” See Westlands, 100…