(PS) Rossetti v. T65 Healthplans of Boca Raton, FL.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARTHUR ROSSETTI, No. 2:22–cv–00955-TLN-CKD (PS) Plaintiff, ORDER v. T65 HEALPLANS OF BOCA RATON, FL, et al., 15 Defendants. 16 This civil action, in which plaintiff proceeds pro se, was removed to federal court on June 2, 2022. (ECF No. 1.) Plaintiff alleged a violation of the federal Telephone Consumer Protection Act (“TCPA”). Defendants filed a motion to dismiss, which is fully briefed. (ECF Nos. 6, 8, 9.) On July 5, 2022, plaintiff filed a “rebuttal” to the motion to dismiss, stating in part: “Plaintiff, however, wishes to dismiss this case without prejudice and proceed in California Superior Court, where it should have remained all along, but this time under California’s do not call statutes.” (ECF No. 10.) The court construes plaintiff’s filing as a notice of voluntary dismissal of this case without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Federal Rule of Civil Procedure 41(a)(1)(A) provides that “the…