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Maddalone v. Solano County

April 29, 2010

JOHN MADDALONE, PLAINTIFF,
v.
SOLANO COUNTY, ET. AL., DEFENDANTS.



ORDER

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) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or

(ii) a stipulation of dismissal signed by all parties who have appeared.

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.

20100429

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