Valdez
Valdez v. County of Kings
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL VALDEZ, Case No. 1:17-cv-00430-LJO-SAB
Plaintiff, ORDER DISREGARDING NOTICE OF
VOLUNTARY DISMISSAL
v. (ECF No. 133) HANFORD POLICE OFFICER LARRY LEEDS, et al., FOURTEEN DAY DEADLINE 15 Defendants.
17 On November 13, 2019, Plaintiff filed a notice of voluntary dismissal dismissing the 18 action with prejudice. (ECF No. 133.) 19 Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘a plaintiff has an 20 absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a 21 motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 22 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 23 1997)). Here, answers have been filed so Plaintiff cannot voluntarily dismiss this action pursuant 24 to Rule 41(a)(1)(A)(i). 25 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss an 26 action without a court order by filing a stipulation of dismissal signed…