(PC) Mills v. Jones ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS K. MILLS, No. 1:21-cv-01193-ADA-HBK 12 Plaintiff, GRANTING PLAINTIFF’S CONSTRUED MOTION TO DISMISS UNDER FED. R. CIV. 13 v. P. 41(a)(2) 14 I.Z. JONES, et al., (ECF No. 159) 15 Defendants. 16 17 Pending before the Court is Plaintiff’s construed motion to dismiss under Fed. R. Civ. P. 18 41(a)(2). (ECF No. 159; see also ECF No. 162). Plaintiff stated that he wishes to dismiss the 19 entire action without prejudice. (ECF No. 159.) Defendants filed a statement of non-opposition 20 to Defendant’s motion to dismiss. (ECF No. 163). 21 Rule 41(a)(2) states, in relevant part: 22 [A]n action may be dismissed at the plaintiff’s request only by court order on terms the court considers proper . . . . Unless the order 23 states otherwise, a dismissal under this paragraph (2) is without prejudice. 24 25 Trial courts have broad discretion to grant motions for voluntary dismissal under Rule 26 41(a)(2). See Hamilton v. Firestone Tire & Rubber Co., Inc., 679 F.2d 143, 145 (9th Cir. 1982). 27 Here, there is no disagreement regarding the terms and conditions of the requested dismissal. 28 /// 1 Accordingly, 2 1. Plaintiff's motion to dismiss (ECF No. 159) is granted; 3 2. The matter is dismissed without prejudice; and 4 3. The Clerk of Court shall terminate all pending motion and close this case. 5 6 7 | ITISSO ORDERED. 8 Dated: _ January 19, 2023 9 UNITED fTATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28