(PC) Salido v. Bureau of Prisons
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 IGNACIO SALIDO, JR., No. 1:23-cv-01395-JLT-SAB (PC) Plaintiff, ORDER TERMINATING ACTION
PURSUANT TO PLAINTIFF’S NOTICE OF
v. VOLUNTARY DISMISSAL BUREAU OF PRISONS, (ECF No. 16) Defendant. 16 Plaintiff is proceeding pro se in this action filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). On March 1, 2024, Plaintiff filed a notice of voluntary dismissal. (ECF No. 16.) “[U]nder Rule 41(a)(1)(A)(i), ‘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 judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an…