Munoz v. Beard

Full title: CHRISTIAN MUNOZ, Plaintiff, v. JEFFREY BEARD, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Dec 22, 2014

EDCV 14-320-ODW (AGR) (C.D. Cal. Dec. 22, 2014)

Opinion

CHRISTIAN MUNOZ, Plaintiff, v. JEFFREY BEARD, et al., Defendants. No. EDCV 14-320-ODW (AGR) United States District Court, Central District of California December 22, 2014

          ORDER DISMISSING COMPLAINT

          OTIS D. WRIGHT II UNITED JUDGE

         On March 3, 2014, Plaintiff filed a civil rights complaint. On October 16, 2014, Defendants filed a motion to dismiss.

         On December 15, 2014, Plaintiff filed a motion to voluntarily dismiss the complaint without prejudice pursuant to Fed.R.Civ.P. 41(a)(1). He states that his complaint "lacks clarity and understanding of the facts." (Motion at 2.)

         Fed. R. Civ. P. 41(a)(1)(A) provides that a "plaintiff may dismiss an action without a court order by filing: (I) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Subdivision (a)(1)(B) provides that "[u]nless the notice ... states otherwise, the dismissal is without prejudice."

         IT IS HEREBY ORDERED that the complaint is DISMISSED without prejudice.