Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 G. DANIEL WALKER, No. 2:17-cv-1764 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, et al., Defendants. 14 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants conspired to retaliate against him because he named them as defendants in lawsuits. Presently before the court is plaintiff’s notice of voluntary dismissal. (ECF No. 71.) “Rule 41(a)(2) provides that after a defendant has filed an answer, a plaintiff may voluntarily dismiss a claim only upon an order of the court.” U.S. ex rel Stone v. Rockwell Intern. Corp., 282 F.3d 787, 810 (10th Cir. 2002) (citing Ohlander v. Larson, 114 F.3d 1531, 1536-37 (10th Cir. 1997)). The rule further provides that “[u]nless otherwise specified in the order, a dismissal under this paragraph is without prejudice.” Fed. R .Civ. P. 41(a)(2). The court should…