(PC) McCall v. Counselor John Doe
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY MCCALL, Case No. 1:21-cv-01087-JLT-HBK (PC) Plaintiff, CLERK TO CLOSE CASE BASED UPON
PLAINTIFF’S VOLUNTARY DISMISSAL
v. UNDER FED. R. CIV. P. 41 (a)(1)(A)(i) COUNSELOR JOHN DOE, WARDEN (Doc. No. 17) JOHN DOE, KATHLEEN ALLISON, and RAYMOND MADDEN, Defendants. 17 On October 16, 2023, the Plaintiff filed a “Motion to Request Dismissal Without Prejudice.” (Doc. No. 17). The Court construes the motion as a notice as filed under Federal Rule of Civil Procedure 41(a). The notice follows the court’s August 14, 2023, screening order directing Plaintiff to either file an amended complaint, stand on his complaint, or file a notice to voluntarily dismiss his complaint. (Doc. No. 14). In his signed notice, Plaintiff states he wishes to voluntarily dismiss this action without prejudice “in order to allow adequate legal assistance to review [his] claim. This will ensure that plaintiff will be able to properly…