Frank Monaco Bazzo v. State of California, et al.

Summary

The United States District Court for the Eastern District of California ordered that the action be terminated without prejudice after Plaintiff Frank Monaco Bazzo moved for voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A). Because no defendant had been served and no answer or motion for summary judgment had been filed, the court concluded that dismissal was effective by operation of law.

Holdings

1. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff has an absolute right to voluntarily dismiss an action before the defendant serves an answer or a motion for summary judgment.
2. The action was terminated without prejudice by operation of law.

Questions Presented

1. Whether plaintiff could voluntarily dismiss the action under Federal Rule of Civil Procedure 41(a)(1)(A)(i) before service of an answer or motion for summary judgment.
2. Whether the action should be terminated without prejudice.

Disposition

dismissed