(PC) Salido v. Bureau of Prisons

Opinion

1 2 3 4 5 6 7 10 11 IGNACIO SALIDO, JR., No. 1:23-cv-01395-JLT-SAB (PC) 12 Plaintiff, ORDER TERMINATING ACTION PURSUANT TO PLAINTIFF’S NOTICE OF 13 v. VOLUNTARY DISMISSAL 14 BUREAU OF PRISONS, (ECF No. 16) 15 Defendant. 16 17 Plaintiff is proceeding pro se in this action filed pursuant to Bivens v. Six Unknown 18 Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). 19 On March 1, 2024, Plaintiff filed a notice of voluntary dismissal. (ECF No. 16.) 20 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 21 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 26 1993). 27 /// 28 /// 1 Here, no Defendant has filed an answer or motion for summary judgment in this case. 2 Therefore, Plaintiff's notice of dismissal is effective as of the date it was filed, and this case shall 3 be closed. (ECF No. 16.) 4 5 IT IS SO ORDERED. FA. ee 6 || Dated: _ March 4, 2024 "

4 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28