Jones

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TIMOTHY LEWIS JONES, T53643, Case No. 19-cv-05981-CRB (PR)

Plaintiff, ORDER GRANTING PLAINTIFF’S

MOTION TO VOLUNTARY DISMISS

v. WITHOUT PREJUDICE

M. SANDOVAL, (ECF Nos. 18 & 22) Defendant(s).

Plaintiff moves to voluntarily dismiss this action without prejudice following defendant’s motion for summary judgment on grounds that plaintiff failed to properly exhaust available administrative remedies before filing suit, as required by 42 U.S.C. § 1997e(a). Plaintiff seeks dismissal without prejudice so he can refile after properly exhausting under § 1997e(a). It is well established that a plaintiff has the absolute right to dismiss without prejudice his or her action by filing a notice of dismissal “at any time before service by the adverse party of an answer or of a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1). But after service of an answer or of a motion for summary judgment (and if no…