UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
August 28, 2012
R. P. GUTTIERREZ, WARDEN, ET AL.
The opinion of the court was delivered by: Honorable Jay C. Gandhi, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Present: The Honorable Jay C. Gandhi, United States Magistrate Judge
Beatriz Martinez None Appearing
Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
None Appearing None Appearing Proceedings: (IN CHAMBERS) PETITIONER'S MOTION FOR VOLUNTARY DISMISSAL
On August 27, 2012, Petitioner Dale Harrison filed a "Motion for Voluntary Dismissal" pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) ("Motion").
Fed. R. Civ. P. 41(a)(1)(A)(i) allows a plaintiff or petitioner to 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.
Here, Respondents have not filed either an answer or a motion for summary judgment. Accordingly, the case is dismissed by operation of law, and without the need for a court order, pursuant to Plaintiff's Motion. The dismissal is without prejudice under Fed. R. Civ. P. 41(a)(1)(B).
IT IS SO ORDERED.
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