Hanson v. Bureau of Prisons

Opinion

1 2 3 6 7 DENISE DANA HANSON, Case No. 24-cv-07170-PCP

8 Plaintiff, ORDER ACKNOWLEDGING 9 v. VOLUNTARY DISMISSAL

10 BUREAU OF PRISONS, Re: Dkt. Nos. 5, 6 Defendant. 11

12 13 Plaintiff Denise Dana Hanson, a pro se prisoner at FCI Pekin, sent the Court a letter raising 14 several claims about her medical treatment and conditions of confinement at various correctional 15 institutions. In an effort to protect her rights, a new action was opened and the letter was filed on 16 October 15, 2024. Dkt. No. 1. Plaintiff has since notified the Court that she did not intend to file a 17 new complaint and requests dismissal of the action, which the Court construes as notice of a 18 voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1). See Dkt. Nos. 5, 6. 19 A plaintiff has the absolute right to dismiss his or her action by filing a notice of dismissal 20 “at any time before services by the adverse party of an answer or of a motion for summary 21 judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Said dismissal is “without prejudice” unless otherwise 22 stated by the plaintiff. Fed. R. Civ. P. 41(a)(1); Humphreys v. United States, 272 F.2d 411, 412 (9th 23 Cir. 1959). 24 Plaintiff’s notice of dismissal meets the criteria under Federal Rule of Civil Procedure 25 41(a)(1). Accordingly, this case is DISMISSED without prejudice. 26 /// 27 /// ] The Clerk shall terminate all pending motions and close the file. 3 4 Dated: December 4, 2024 5 Zo 6 P. CASEY'PITTS 7 United States District Judge 8 9 10 1] as 12

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