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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
WILLIAM L. SNOW,
12
13
14
15
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)
16
17
Plaintiff William L. Snow is appearing pro se and in forma pauperis in this civil rights
18
action pursuant to 42 U.S.C. § 1983. (Doc. Nos. 4 and 10.) On December 22, 2016, defendant
19
Shwe filed an answer to the complaint. (Doc. No. 36.) On February 27, 2017, plaintiff filed a
20
motion to voluntarily dismiss this action without prejudice. (Doc. No. 42.) On March 3, 2017,
21
defendant Shwe filed a statement of non-opposition to plaintiff’s notice of voluntarily dismissal
22
noting that defendant “has not incurred any costs of suit nor has defendant filed any counter claim
23
against Plaintiff.” (Doc. No. 44 at 1.)
24
Federal Rule of Civil Procedure 41(a)(2) provides that after an answer or motion for
25
summary judgment has been filed, “an action may be dismissed at the plaintiff’s request only by
26
court order, on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). Because
27
defendant has filed an answer, plaintiff cannot automatically dismiss the action through the filing
28
of a notice of voluntary dismissal. Fed. R. Civ. P. 41(a)(1)(A)(i).
1
1
Although defendant did not oppose plaintiff’s motion for voluntary dismissal, a stipulation
2
was not filed and therefore a court order is necessary to dismiss this action. Accordingly, based
3
on the lack of objection by defendant, plaintiff’s motion for voluntarily dismiss (Doc. No. 42) is
4
granted, and the action is dismissed, without prejudice.
5
IT IS SO ORDERED.
6
Dated:
March 20, 2017
UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?