Velasco
(PC) Gradford v. Velasco
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM J. GRADFORD, No. 1:20-cv-00543-NONE-EPG (PC) Plaintiff, ORDER CONCERNING NOTICE FOR
VOLUNTARY DISMISSAL
v. (ECF No. 42) F. VELASCO and T. WEBSTER, Defendants. 16 On April 16, 2021, Plaintiff William J. Gradford, a former pretrial detainee proceeding pro se and in forma pauperis, filed a document entitled “Plaintiff request dismiss cases and all pending other cases voluntar[i]ly claims and defendants.” (ECF No. 42). Plaintiff’s filing states that Plaintiff “voluntarily dismiss[es]` this case all claims and defendants and resachedule settlement conference note above Plaintiff does not name Trexiera as defendant, so the court will not address the viability of a claim against Trexiera for retaliation as stated.” Because Defendants have filed an answer, (ECF No. 19), and did not stipulate to the voluntary notice, a plaintiff may dismiss this case under Rule 41(a) only upon with Defendants’ stipulation, Fed. R. Civ. P.…