Ponce
Ponce v. Hanford Police Department K-9 Unit
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID PONCE, Case No. 1:21-cv-01110-AWI-BAM Plaintiff, ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL
v. (Doc. 5) HANFORD POLICE DEPARTMENT K-
UNIT,
15 Defendant. 16 17 Plaintiff David Ponce (“Plaintiff”) is a county jail inmate proceeding pro se and in forma pauperis in the instant civil rights action. (Doc. 1.) Currently before the Court is Plaintiff’s motion to dismiss this duplicative action filed on September 20, 2021. (Doc. 5.) The Court construes the motion to dismiss as a request for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Under Rule 41(a)(1)(A)(i), “a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no…