(PC) Mills v. Jones et al

Filing 168

ORDER GRANTING Plaintiff's Construed 159 Motion to Dismiss signed by District Judge Ana de Alba on 01/19/2023. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS K. MILLS,

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Plaintiff,

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v.
I.Z. JONES, et al.,

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No. 1:21-cv-01193-ADA-HBK
GRANTING PLAINTIFF’S CONSTRUED
MOTION TO DISMISS UNDER FED. R. CIV.
P. 41(a)(2)
(ECF No. 159)

Defendants.

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Pending before the Court is Plaintiff’s construed motion to dismiss under Fed. R. Civ. P.

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41(a)(2). (ECF No. 159; see also ECF No. 162). Plaintiff stated that he wishes to dismiss the

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entire action without prejudice. (ECF No. 159.) Defendants filed a statement of non-opposition

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to Defendant’s motion to dismiss. (ECF No. 163).

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Rule 41(a)(2) states, in relevant part:
[A]n action may be dismissed at the plaintiff’s request only by court
order on terms the court considers proper . . . . Unless the order
states otherwise, a dismissal under this paragraph (2) is without
prejudice.

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Trial courts have broad discretion to grant motions for voluntary dismissal under Rule

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41(a)(2). See Hamilton v. Firestone Tire & Rubber Co., Inc., 679 F.2d 143, 145 (9th Cir. 1982).

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Here, there is no disagreement regarding the terms and conditions of the requested dismissal.

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Accordingly,

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1.

Plaintiff’s motion to dismiss (ECF No. 159) is granted;

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2.

The matter is dismissed without prejudice; and

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3.

The Clerk of Court shall terminate all pending motion and close this case.

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IT IS SO ORDERED.
Dated:

January 19, 2023
UNITED STATES DISTRICT JUDGE

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