Munoz

(PC) Turner v. Munoz

Good Law
United States District Court, Eastern District of CaliforniaDecember 13, 20191:19-cv-00706California233 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 STEVEN DEON TURNER, JR., Case No. 1:19-cv-00706-AWI-SAB (PC) Plaintiff,

ORDER REGARDING PLAINTIFF’S

v. NOTICE OF VOLUNTARY DISMISSAL M. MUNOZ, et al., (ECF No. 16) Defendants. 11 Plaintiff Steven Deon Turner, Jr. is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 11, 2019, Plaintiff 14 filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(). (ECF No. 16.) Under Rule 41(a)(1)(A)(), “a plaintiff has an absolute right to voluntarily dismiss his 17 action prior to service by the defendant of an answer or a motion for summary judgment.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in 19 this action has served an answer or a motion for summary judgment. Accordingly, this action is terminated by operation of law without further…

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