Clark v. Brown

Opinion

1 2 3 4 5 6 7 10 ALPHONSO RAMON CLARK, Case No. 21-cv-09230 BLF (PR) 11 Plaintiff, ORDER GRANTING REQUEST 12 FOR VOLUNTARY DISMISSAL v. 13

14 DR. MOLLY BROWN, et al., 15 Defendants. 16 (Docket No. 7)

18 Plaintiff, proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. 19 Dkt. No. 1. On April 5, 2022, the Court dismissed the complaint with leave to amend. 20 Dkt. No. 3. On May 9, 2022, the Court granted Plaintiff’s motion for an extension of time. 21 Dkt. Nos. 5, 6. 22 On May 13, 2022, Plaintiff filed a single page document with the caption, “Motion 23 to dismiss without prejudice.” Dkt. No. 7. The Court construes this document as a request 24 for voluntary dismissal. A plaintiff has the absolute right to dismiss his or her action by 25 filing a notice of dismissal “at any time before service by the adverse party of an answer or 26 of a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(i). Said dismissal may be 27 with or without prejudice, but unless plaintiff's notice of dismissal states otherwise, it is 1 deemed to be “without prejudice.” See Fed. R. Civ. P. 41(a)(1); Humphreys v. United 2 || States, 272 F.2d 411, 412 (9th Cir. 1959). 3 Based on the foregoing, Plaintiff's request for voluntary dismissal is GRANTED. 4 || Id. This action is DISMISSED without prejudice. The Clerk shall terminate all pending 5 motions and close the file. 6 This order terminates Docket No. 7. 8 Dated: ___ May 18, 2022 BETH LABSON FREEMAN ? United States District Judge 10 11 eg 12

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6 Z 18 19 20 21 22 23 24 25 Order Granting Request for Vol. Dism. P:\PRO-SE\BLF\CR.21\09230Clark_vol.dism 26 27