Sherman
(PC) Walker v. Sherman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
11 ZAIID WALKER, 1:18-cv-01445-GSA-PC 12 Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL UNDER v. RULE 41 (ECF No. 13.) STEWART SHERMAN, et al., 15 Defendants.
17 Zaiid Walker (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 18 with this civil rights action pursuant to 42 U.S.C. § 1983. On October 19, 2018, Plaintiff filed 19 the Complaint commencing this action. 28 U.S.C. § 1915A. (ECF No. 1.) 20 On October 30, 2019, Plaintiff filed a motion to voluntarily dismiss this action. (ECF 21 No. 13.) Plaintiff has a right to voluntarily dismiss this case under Rule 41(a)(1). In Wilson v. 22 City of San Jose, the Ninth Circuit explained:
Under Rule 41(a)(1), 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. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citing Hamilton v.…