Guevara v. Valley State Prison

Summary

The United States District Court for the Eastern District of California construed Plaintiff Michael Guevara’s filing as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because the defendants had not been served, the court directed the clerk to close the action without prejudice.

Holdings

1. The court construed Plaintiff's request to dismiss as a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
2. The voluntary-dismissal notice terminated the action.

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 was terminated upon Plaintiff's filing of the notice of voluntary dismissal before service on any defendant.

Disposition

dismissed