Sanchez

Sanchez v. Johnson

Good Law
United States District Court, Eastern District of CaliforniaNovember 8, 20221:22-cv-01091California294 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PATRIZIA SANCHEZ, individually and Case No. 1:22-cv-01091-JLT-EPG as Guardian ad Litem of J.G.1 and J.G.2, 12 minors, 13 Plaintiff, ORDER RE: NOTICE OF VOLUNTARY

DISMISSAL WITHOUT PREJUDICE

14 v. (ECF No. 12) 15 KIM JOHNSON, et al.,

16 Defendants. 17 18 This matter is before the Court on Plaintiffs’ notice of voluntary dismissal (ECF No. 12), 19 without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendants have 20 not filed an answer or a motion for summary judgment.1 In light of the voluntary dismissal, this 21 action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(i), and has been dismissed without 22 prejudice. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 23 \\\ 24 \\\ 25 1 The Court notes that Defendants have filed a motion to dismiss (ECF No. 9); however, Plaintiff still has 26 the right to dismiss this case. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Under Rule 41(a)(1), a plaintiff has an absolute right voluntarily to…

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