Cates

(PC) Zamora v. Cates

Good Law
United States District Court, Eastern District of CaliforniaMay 8, 20231:23-cv-00375California530 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SANTIAGO MANUEL ZAMORA, 1:23-cv-00375-GSA-PC

Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF

VOLUNTARY DISMISSAL WITHOUT

vs. PREJUDICE UNDER RULE 41 (ECF No. 8.) CATES, et al.,

ORDER DIRECTING CLERK TO CLOSE

Defendants. FILE

17 Santiago Manuel Zamora (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On March 2, 2023, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On May 3, 2023, Plaintiff filed a motion for voluntary dismissal of this case without prejudice under Rule 41(a) of the Federal Rules of Civil Procedure. (ECF No. 8.) Plaintiff has a right to voluntarily dismiss this case under Rule 41. In Wilson v. City of San Jose, the Ninth Circuit explained:

25 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…

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