Moises Gomez Mendez v. Pamela Bondi, et al.

Summary

The United States District Court for the Central District of California construed Petitioner Moises Gomez Mendez's motion as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a). Because no answer or motion for summary judgment had been filed, the action was dismissed by operation of law without prejudice.

Holdings

1. A federal habeas petitioner may voluntarily dismiss the action without a court order by filing a notice of dismissal before an adverse party serves an answer or motion for summary judgment.
2. A dismissal under Rule 41(a)(1) is effective upon filing, requires no court order, and leaves the parties as though no action had been brought.

Questions Presented

1. Whether Petitioner's motion should be construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1).
2. Whether the action was dismissed by operation of law without a court order because no answer or motion for summary judgment had been filed.

Disposition

dismissed