Duran

Duran v. City of Porterville

Good Law
United States District Court, Eastern District of CaliforniaJuly 28, 20221:22-cv-00614California654 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 JOHN DURAN, et al., Case No. 1:22-cv-00614-DAD-SAB 11 Plaintiffs, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 13 CITY OF PORTERVILLE, et al., (ECF No. 19) 14 Defendants. 15 Plaintiffs, proceeding pro se, filed this action on May 23, 2022. (ECF No. 1.) Defendants were served on May 31, 2022. (ECF No. 4.) On June 21, 2022, all Defendants joined in and filed a motion to dismiss this action. (ECF No. 5.) On July 27, 2022, Plaintiffs filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure “41(1)(A) [sic].” (ECF No. 19.) No Defendants signed the filing, and thus the Court considers it a notice of a voluntary dismissal by Plaintiffs pursuant to Rule 41(a)(1)(A)(i). Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion…

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