Allison

(PC) Howell v. Allison

Good Law
United States District Court, Eastern District of CaliforniaFebruary 25, 20211:19-cv-01256California301 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KAREEM J. HOWELL, No. 1:19-cv-001256-DAD-HBK Plaintiff, ORDER OF VOLUNTARY DISMISSAL UNDER FED. R. CIV. P. 41(a)(1)(A)(i) v. Doc. No. 26 D. ALLISON, et. al.,

ORDER TO TERMINATE PENDING

Defendants. MOTION AND DEADLINES Doc. No. 21 On February 23, 2021, Plaintiff filed a Notice of Voluntary Dismissal with Prejudice citing 18 Fed. R. Civ. P. 41(a)(1)(A)(i). (Doc. No. 26). Rule 41(a)(1)(A)(i) permits the plaintiff to dismiss a 19 case without a court order before a defendant answers or moves for summary judgment. Such 20 dismissal shall be without prejudice, unless the notice states otherwise. Fed. R. Civ. P. 41(a)(1)(B). 21 Here no defendant has answered nor filed a motion for summary judgment and the notice states the 22 dismissal shall be with prejudice. Doc. No. 26. Considering Plaintiff’s Notice of Voluntary Dismissal and his request for dismissal with prejudice, this case is dismissed with prejudice. See 25 …

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