King

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSHUA JASON DALKE, ) Case No.: 1:20-cv-00534-AWI-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING PLAINTIFF’S MOTION TO

DISMISS THIS ACTION

KING CLARK, et al., ) ) (ECF No. 103) Defendants. ) ) )

Plaintiff Joshua Jason Dalke is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 24, 2021, Plaintiff filed a motion to dismiss the instant action. Defendants have not file an opposition and the time to do so has now passed. Local Rule 230(l). Plaintiff previously filed a motion to dismiss on May 12, 2021, which he later retracted from consideration. (ECF Nos. 98, 100, 102.) Subject to exceptions not applicable here, a plaintiff may voluntarily dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for …