1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL VALDEZ, Case No. 1:17-cv-00430-LJO-SAB 12 Plaintiff, ORDER DISREGARDING NOTICE OF VOLUNTARY DISMISSAL 13 v. (ECF No. 133) 14 HANFORD POLICE OFFICER LARRY LEEDS, et al., FOURTEEN DAY DEADLINE 15 Defendants. 16 17 On November 13, 2019, Plaintiff filed a notice of voluntary dismissal dismissing the 18 action with prejudice. (ECF No. 133.) 19 Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘a plaintiff has an 20 absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a 21 motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 22 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 23 1997)). Here, answers have been filed so Plaintiff cannot voluntarily dismiss this action pursuant 24 to Rule 41(a)(1)(A)(i). 25 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss an 26 action without a court order by filing a stipulation of dismissal signed by all parties who have 27 appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii) (emphasis added). 1 Although the stipulation states that all parties who have appeared stipulate to the 2 | dismissal with prejudice, Plaintiff's notice of voluntary dismissal is defective under Rule 41(a) 3 | because it is not a stipulation signed by all parties who have appeared. If Plaintiff wishes to 4 | dismiss this action, he is required to comply with the procedures set forth in Rule 41 by filing a 5 | stipulation that complies with Rule 41(a)(1)(A)Gi) or a motion under Rule 41(a)(2). 6 Accordingly, Plaintiff's notice of voluntary dismissal is HEREBY DISREGARDED. 7 | Plaintiff shall file a request for dismissal that complies with Rule 41 within fourteen (14) days 8 | from the date of entry of this order. 9 10 IT IS SO ORDERED. DAM Le 11 | Dated: _November 14, 2019 _ Of UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28