Opinion
CASE NO. 2:08-CV-1002-RSM.
August 3, 2011
ORDER GRANTING MOTION FOR VOLUNTARY DISMISSAL
This matter comes before the Court upon Plaintiff's Motion for Voluntary Dismissal. Dkt. # 19. On May 27, 2011, the Court determined that Plaintiff had failed to state a claim upon which relief could be granted against the Solano County Jail. Dkt. # 17. Plaintiff was given thirty days to file an amended complaint correcting the deficiency. Id. On June 17, 2011, Plaintiff filed a motion for a 30-day extension of the deadline. Dkt. # 18. On July 14, 2011, Plaintiff filed the instant motion to dismiss. Dkt. # 19. Plaintiff contends that "[c]urrent circumstances do not allow Plaintiff to research, prepare or file the needed pleadings to prosecute this action to the fullest extent possible." Id. at 1. Pursuant to Fed.R.Civ.P. 41(a)(1), a "plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Further, "[u]nless the notice of stipulation states otherwise, the dismissal is without prejudice." Id. Here, the opposing party has not yet appeared in this case. Accordingly, Plaintiff's Motion for Voluntary Dismissal is hereby GRANTED. Plaintiff's action is hereby dismissed without prejudice.
Dated August 2, 2011.