(PC) Mendoza v. California Department of Corrections & Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaFebruary 14, 20201:19-cv-01713California274 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JORGE MENDOZA, ) Case No.: 1:19-cv-01713-NONE-SAB (PC) ) Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO v. ) TERMINATE ACTION PURSUANT TO

PLAINTIFF’S NOTICE OF VOLUNTARY

CALIFORNIA DEPARTMENT OF ) DISMISSAL

CORRECTIONS & REHABILITATION, )

et.al., ) [ECF No. 14] ) Defendants. ) ) )

Plaintiff Jorge Mendoza is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 12, 2020, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41. (ECF No. 14.) Under Rule 41(a)(1)(A)(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.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in this action has served an…

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