Gamboa
(PC) Valles v. Gamboa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANK VALLES, Case No. 1:22-cv-00355-ADA-BAM (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S
MOTION TO DISMISS THIS ACTION
v. (ECF No. 11) GAMBOA, et al., Defendants. 16 Plaintiff Frank Valles (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. On April 29, 2022, the Court screened the complaint and issued findings and recommendations recommending dismissal of this action based on Plaintiff’s failure to state a cognizable claim upon which relief may be granted. (ECF No. 8.) Plaintiff timely filed objections on May 16, 2022. (ECF No. 9.) On September 14, 2022, Plaintiff filed a motion to dismiss this action, with prejudice. (ECF No. 11.) “[U]nder Rule 41(a)(1)(i), 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.” Commercial Space Mgmt. Co., Inc. v. Boeing…