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Dale Harrison v. R. P. Guttierrez

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 28, 2012

DALE HARRISON
v.
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.

20120828

© 1992-2012 VersusLaw Inc.



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