Nepomuceno

(PC) Quezada v. Nepomuceno

Good Law
United States District Court, Eastern District of CaliforniaMarch 15, 20221:20-cv-01351California510 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALVARO QUEZADA, 1:20-cv-01351-JLT-GSA (PC) Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF

VOLUNTARY DISMISSAL, WITHOUT

v. PREJUDICE, UNDER RULE 41 (ECF No. 19.) C. NEPOMUCENO, et al.,

ORDER DIRECTING CLERK TO CLOSE

Defendants. FILE

16 Alvaro Quezada (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on September 23, 2020. (ECF No. 1.) On March 14, 2022, Plaintiff filed a notice of voluntary dismissal of this case. (ECF No. 19.) 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:

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 judgment. Concha v. London, F.3d 1493, 1506 (9th Cir. …

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