Ibarra
(PC) Walker v. Ibarra
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ZAIID WALKER, Case No. 1:18-cv-00962-AWI-BAM (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S
REQUEST FOR DISMISSAL OF ACTION
v. (ECF No. 18) IBARRA, et al., Defendants. 16 Plaintiff Zaiid Walker (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. On August 5, 2019, Plaintiff filed a request for the Court to dismiss this complaint without prejudice. (ECF No. 18.) “[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 effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can’t complain, and the district court lacks…