Opinion
CV F 04 6274 OWW WMW P.
February 16, 2006
ORDER DISMISSING ACTION WITHOUT PREJUDICE
Plaintiff, a state prisoner proceeding pro se, has requested dismissal of this actin without prejudice. Pursuant to Federal Rule of Civil Procedure 41(a)(1), plaintiff may dismiss his action without prejudice, so long as a responsive pleading has not been filed. Plaintiff filed his motion on January 9, 2006. No responsive pleading had been filed at that time.
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice on plaintiff's motion.
IT IS SO ORDERED.