(PC)Price v. Guerrero
ORDER DISMISSING CASE pursuant to FRCP 41(a)(1)(A)(ii), signed by Magistrate Judge Barbara A. McAuliffe on 10/4/19. CASE CLOSED (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL J. PRICE,
ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL
Case No. 1:19-cv-00329-BAM (PC)
(ECF No. 12)
Plaintiff Michael J. Price is proceeding pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983. On October 3, 2019, Plaintiff filed a notice of voluntary
dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 12.)
Under Rule 41(a)(1)(A)(i), “a plaintiff has an absolute right to voluntarily dismiss his
action prior to service by the defendant of an answer or a motion for summary judgment.”
Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in
this action has served an answer or a motion for summary judgment.
Accordingly, this action is terminated by operation of law without further order from the
Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to terminate all pending
deadlines and close this case.
IT IS SO ORDERED.
October 4, 2019
UNITED STATES MAGISTRATE JUDGE
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