Frankie Weisner v. Jeffrey Macomber, et al.

Summary

The United States District Court for the Eastern District of California construed Plaintiff Frankie Weisner’s filing as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because no defendant had served an answer or motion for summary judgment, the court dismissed the action without prejudice and directed the Clerk to close the case.

Holdings

1. A plaintiff may voluntarily dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer or motion for summary judgment; Plaintiff's filing was properly construed as such a notice.
2. The action was dismissed without prejudice and terminated upon Plaintiff's voluntary dismissal.

Questions Presented

1. Whether Plaintiff's filing should be construed as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
2. Whether the action should be dismissed without prejudice and terminated.

Disposition

dismissed