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Small v. Martel

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 19, 2009

CHARLES SMALL, PLAINTIFF,
v.
MATTHEW MARTEL, AS AN INDIVIDUAL, AND AS THE WARDEN FROM THE CALIFORNIA REHABILITATION CENTER; GUILLERMINA DOC. NOS. 12, 7 HALL MURRAY, AS AN INDIVIDUAL, AND AS THE WARDEN FROM THE CALIFORNIA REHABILITATION CENTER; SHERIFF WILLIAM KOLENDER, AS AN INDIVIDUAL AND ON BEHALF OF THE GEORGE BAILEY DETENTION FACILITY; BONNIE DUMANIS, AS AN INDIVIDUAL, AND DOES 1-50, DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER GRANTING VOLUNTARY DISMISSAL OF DEFENDANT DUMANIS; DENYING DEFENDANT DUMANIS'S MOTION TO DISMISS AS MOOT

Pending before the court is Plaintiff's request for voluntary dismissal of Defendant Dumanis without prejudice. (Doc. No. 12). A "plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). Defendant Dumanis has filed a motion to dismiss, but has not filed either an answer or a motion for summary judgment. Accordingly, the action against Defendant Dumanis is hereby DISMISSED WITHOUT PREJUDICE.

Furthermore, Defendant Dumanis's motion to dismiss (Doc. No. 7) is hereby DENIED as moot.

IT IS SO ORDERED.

20091019

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