Opinion
24-cv-00366-AMO (PR)
06-28-2024
REGINA MARIE PREETORIUS, Petitioner, v. A. DULGOV, Respondent.
ORDER GRANTING PETITIONER'S REQUEST FOR VOLUNTARY DISMISSAL RE: DKT. NO. 7
ARACELI MARTÍNEZ-OLGUÍN UNITED STATES DISTRICT JUDGE
Before the Court is Petitioner Regina Marie Preetorius's request for voluntary dismissal. See Dkt. 7. She “request[s] that [this action] be voluntarily dismissed without prejudice due to no longer residing in the court's jurisdiction.” Id. at 1.
Pursuant to the request for voluntary dismissal of this action filed by Preetorius, this action is DISMISSED. See Fed.R.Civ.P. 41(a)(1); Hamilton v. Shearson-Lehman American Exp. Inc., 813 F.2d 1532, 1534-36 (9th Cir. 1987) (Rule 41(a)(1)(A)(i) does not require leave of court to dismiss the action). The dismissal is without prejudice. See Fed.R.Civ.P. 41(a)(1) (unless the notice of dismissal states otherwise, it is deemed to be “without prejudice”); Humphreys v. United States, 272 F.2d 411, 412 (9th Cir. 1959).
CONCLUSION
Accordingly, Preetorius's request for voluntary dismissal is GRANTED. Dkt. 7. The petition is DISMISSED without prejudice.
The Clerk of the Court shall close the file.
This Order terminates Docket No. 7.
IT IS SO ORDERED.