Opinion
No. C 04-1751 CRB (PR).
June 14, 2005
ORDER (Doc # 17)
Good cause shown, plaintiff's motion (doc # 17) for leave of court to withdraw the complaint without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) is GRANTED. Defendants' efforts and expense in only filing an answer in this matter thus far do not compel a different result. See Hamilton v. Firestone Tire Rubber Co., 679 F.2d 143, 145 (9th Cir. 1982) (whether to allow dismissal at all and if so, whether the dismissal should be with or without prejudice, lies within sound discretion of district court).
The clerk shall enter judgment in accordance with this order and close the file.
SO ORDERED.