Maddalone v. Solano County et al

Filing 47

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/29/10 GRANTING VOLUNTARY DISMISSAL without prejudice 42 Motion to Withdraw. CASE CLOSED. (Williams, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOHN MADDALONE, Plaintiff, vs. SOLANO COUNTY, et. al., Defendants. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Currently pending is a document filed on March 29, 2010, in which plaintiff requests that this action be dismissed without prejudice. On April 27, 2010, defendants filed a statement of non-opposition consenting to dismissal of the case without prejudice. The Federal Rules of Civil Procedure govern voluntary dismissal. See Fed. R. Civ. P. 41(a). Subject to exceptions not applicable here, a plaintiff may voluntarily dismiss an action without a court order by filing: (i) (ii) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or a stipulation of dismissal signed by all parties who have appeared.
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No. CIV S-07-1828 MCE EFB

ORDER

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Fed. R. Civ. P. 41(a)(1)(A). The court construes plaintiff's filing and defendants' consent together as a stipulation for voluntary dismissal without prejudice pursuant to Rule 41(a)(1)(A)(ii). Accordingly, the Clerk is directed to close the case. Dated: April 29, 2010.

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