Cervantes
(PC) Saylor v. Cervantes
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BRIAN ELDON SAYLOR, 1:21-cv-01101-GSA-PC
Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL UNDER
vs. RULE 41 (ECF No. 9.) CERVANTES,
ORDER DIRECTING CLERK TO CLOSE
Defendants. FILE
16 Brian Eldon Saylor (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The Complaint commencing this action was filed on July 20, 2021. (ECF No. 1.) On January 7, 2022, Plaintiff filed a notice of voluntary dismissal of this case. (ECF No. 9.) Plaintiff has a right to voluntarily dismiss this case under Rule 41 of the Federal Rules of Civil Procedure. In Wilson v. City of San Jose, the Ninth Circuit explained:
23 Under Rule 41(a)(1), 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 24 judgment. Concha v. London, F.3d 1493, 1506 (9th Cir.…