Cervantes

(PC) Saylor v. Cervantes

Good Law
United States District Court, Eastern District of CaliforniaJanuary 11, 20221:21-cv-01101California507 words

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.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.