Opinion
Charles Windham, Plaintiff, Pro se, Corcoran, CA.
Proceedings: (IN CHAMBERS) ORDER RE: PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO Fed.R.Civ.P. 41(a)(1)(A)(i)
John E. McDermott, United States Magistrate Judge.
On April 24, 2015, Plaintiff filed a " Declaration of Charles Windham re: Final Resolution of Case Matter" (" Declaration"), in which Plaintiff instructs the Court to " dismiss this case" . Accordingly, IT IS ORDERED THAT the Court CONSTRUES the Declaration as a Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i) (" Notice"). Fed.R.Civ.P. 41(a)(1)(A)(i) allows a plaintiff to 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. Here, no defendant has filed either an answer or a motion for summary judgment. Accordingly, the case is dismissed by operation of law, and without the need for a court order, pursuant to Plaintiff's Notice. The dismissal is without prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(B).