(PC) Gradford v. Stainslaus County Public Safety Center

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM J. GRADFORD, Case No.: 1:23-cv-00008-JLT-SKO Plaintiff,

ORDER REGARDING NOTICE OF

v. VOLUNTARY DISMISSAL

STANISLAUS COUNTY PUBLIC (Doc. 14) SAFETY CENTER, et al., 15 Defendants.

17 Plaintiff filed his complaint in this action on January 3, 2023. (Doc. 1.) On June 16, 2023, 18 Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of 19 Civil Procedure. (Doc. 14.) 20 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 21 action prior to service by the defendant of an answer or a motion for summary judgment.’” 22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 26…