Opinion
No. C 03-4894 MMC (PR), (Docket Nos. 4 and 5)
January 21, 2004
ORDER GRANTING PLAINTIFF'S REQUEST FOR DISMISSAL
Plaintiff, a California prisoner, filed this pro se civil rights action in state court. Defendants removed the action to this Court pursuant to 28 U.S.C. § 1441(b). Plaintiff subsequently filed a request for voluntary dismissal of this action. A plaintiff has the absolute right to dismiss his or her action by filing a notice of dismissal "at any time before service by the adverse party of an answer or of a motion for summary judgment." Fed.R.Civ.P. 41(a)(1)(i). Said dismissal may be with or without prejudice, but unless plaintiff's notice of dismissal states otherwise, it is deemed to be "without prejudice." Fed.R.Civ.P. 41(a)(1). As defendants have not yet filed an answer, and plaintiffs request does not state otherwise, the request for voluntary dismissal of this action is GRANTED and this action is hereby DISMISSED without prejudice.
This order terminates docket numbers 4 5 and all pending motions.
The clerk shall close the file.
IT IS SO ORDERED.