Snow v. Kay

Filing 46

ORDER GRANTING Plaintiff's Request to Voluntarily Dismiss the Action signed by District Judge Dale A. Drozd on 3/20/2017. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM L. SNOW,

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No. 1:15-cv-01606-DAD-SAB (PC)

Plaintiff,
ORDER GRANTING PLAINTIFF’S
REQUEST TO VOLUNTARY DISMISS THE
ACTION

v.
DOCTOR SHWE,
Defendant.

(Doc. Nos. 42, 44)

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Plaintiff William L. Snow is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. (Doc. Nos. 4 and 10.) On December 22, 2016, defendant

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Shwe filed an answer to the complaint. (Doc. No. 36.) On February 27, 2017, plaintiff filed a

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motion to voluntarily dismiss this action without prejudice. (Doc. No. 42.) On March 3, 2017,

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defendant Shwe filed a statement of non-opposition to plaintiff’s notice of voluntarily dismissal

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noting that defendant “has not incurred any costs of suit nor has defendant filed any counter claim

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against Plaintiff.” (Doc. No. 44 at 1.)

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Federal Rule of Civil Procedure 41(a)(2) provides that after an answer or motion for

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summary judgment has been filed, “an action may be dismissed at the plaintiff’s request only by

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court order, on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). Because

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defendant has filed an answer, plaintiff cannot automatically dismiss the action through the filing

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of a notice of voluntary dismissal. Fed. R. Civ. P. 41(a)(1)(A)(i).
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Although defendant did not oppose plaintiff’s motion for voluntary dismissal, a stipulation

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was not filed and therefore a court order is necessary to dismiss this action. Accordingly, based

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on the lack of objection by defendant, plaintiff’s motion for voluntarily dismiss (Doc. No. 42) is

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granted, and the action is dismissed, without prejudice.

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IT IS SO ORDERED.

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Dated:

March 20, 2017
UNITED STATES DISTRICT JUDGE

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