(PC) Gale Joseph Young v. CA Department of Corrections
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GALE YOUNG, Case No. 1:21-cv-00132-NONE-HBK Plaintiff, NOTICE OF VOLUNTARY DISMISSAL
PURSUANT TO FED. R. CIV. P.
v. 41(a)(1)(A)(i) CA DEPARTMENT OF CORRECTIONS, (Doc. No. 11)
ET. AL.
ORDER TO ASSIGN A DISTRICT JUDGE Defendants.
17 18 Plaintiff filed a notice advising the Court he wishes to dismiss the action on July 27, 2021. (Doc. No. 11). Defendants have not been served, so no answer or motion for summary judgment has been filed. The Court construes the notice as filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). The Court notes that Findings and Recommendations were issued on June 29, 2021 recommending the complaint be dismissed due to Plaintiff’s failure to prosecute this action. (Doc. No.10). As of this date, the District Court has not adopted the Findings and Recommendations. “[U]nder Rule 41(a)(1)(A)(i), a plaintiff has an absolute right to voluntarily dismiss his 26 …