(PC) Bierman v. Nurse 1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BIERMAN, Case No. 1:20-cv-01777-HBK (PC) Plaintiff, CLERK TO CLOSE CASE BASED UPON

PLAINTIFF’S VOLUNTARY DISMISSAL

v. UNDER FED. R. CIV. P. 41 (a)(1)(A)(i) NURSE 1, (Doc. No. 28) Defendant. 16 On October 5, 2023, the Plaintiff filed a construed notice of voluntary dismissal. (Doc. No. 28). The notice follows the court’s September 19, 2023, order directing Plaintiff to either provide an updated address for the sole defendant or show cause why the court should not dismiss the sole defendant under Federal Rule Civil Procedure 4(m). (Doc. No. 27). In his signed notice, Plaintiff states he wishes to voluntarily dismiss this action without prejudice until he can “gather the necessary information” to prosecute this case. (Doc. No. 28 at 1). Because no defendant has been served and no answer nor motion for summary judgment has been filed, Plaintiff may voluntarily dismiss this action by…