Kyle

(PC) Howell v. Kyle

Good Law
United States District Court, Eastern District of CaliforniaFebruary 24, 20201:19-cv-01177California247 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 KAREEM J. HOWELL, Case No. 1:19-cv-01177-BAM (PC) Plaintiff,

ORDER REGARDING PLAINTIFF’S

v. NOTICE OF VOLUNTARY DISMISSAL

KYLE, et al., (ECF No. 11) Defendants. 11 Plaintiff Kareem J. Howell is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 20, 2020, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 11.) 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 answer or a motion for summary judgment. Accordingly, this action is terminated by operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk…

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