Weiss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAIME BANUELOS, No. 2:19-cv-2370 JAM DB P Plaintiff, v. ORDER R. WEISS, et al., Defendants.

16 Plaintiff is a state inmate proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendant violated his Eighth Amendment rights. Presently before the court is plaintiff’s notice of voluntary dismissal (ECF No. 40) and defendants’ opposition (ECF No. 41). For the reasons set forth below, the court will deny the request without prejudice. Plaintiff’s notice of voluntary dismissal states that he is dismissing this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 40.) Plaintiff’s notice does not specify any reason for the dismissal. Defendant filed an opposition to plaintiff’s notice indicating that he would be willing to stipulate to dismissal with prejudice. (ECF No. 41.) Federal Rule 41(a) provides that a plaintiff may voluntarily dismiss…