Daniel Carlos Garcia v. County of Santa Clara, et al.

Opinion

1 2 3 6 7 DANIEL CARLOS GARCIA, CB0327, Case No. 25-cv-08688-CRB (PR) 8 Plaintiff, ORDER REGARDING NOTICE OF 9 v. VOLUNTARY DISMISSAL 10 COUNTY OF SANTA CLARA, et al., 11 Defendant(s). 12 Plaintiff has filed a notice of voluntary dismissal pursuant to Federal Rule of Civil 13 Procedure 41(a)(1)(A). See ECF No. 8. Rule 41(a)(1)(A) provides that “the plaintiff may dismiss S 14 || an action without a court order by filing: (1) a notice of dismissal before the opposing party serves 3 15. || either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all 16 parties who have appeared.” Unless the notice or stipulation states otherwise, “the dismissal is 5 17 || without prejudice.” Fed. R. Civ. P. 41(a)(1)(B). 5 18 Because plaintiffs notice of voluntary dismissal was filed before defendants served an 19 answer or a motion for summary judgment in this action, plaintiff's notice of voluntary dismissal 29 effectively dismisses this action without prejudice and leaves no role for the court to play. See 1 American Soccer Co. v. Score First Enters., 187 F.3d 1108, 1110 (9th Cir. 1999). 9 The clerk is instructed to close this matter as voluntarily dismissed without prejudice. Dated: April 29, 2026 CHARLES R. BREYER 26 United States District Judge 27 28