Opinion
Case No. 2:08-cv-03140-MSB.
July 14, 2010
ORDER
Plaintiff Douglas J. Winston, who is currently confined in the California State Prison, Solano in Vacaville, CA, has filed a motion to dismiss without prejudice his pro se civil rights complaint pursuant to Federal Rule of Civil Procedure 41(a). (Dkt. #20). The Court will construe Winston's motion to dismiss as a notice of voluntary dismissal under Rule 41(a)(1)(A), and so dismiss the action without prejudice and direct the Clerk of the Court to close the case.
Federal Rule of Civil Procedure 41(a)(1)(A) provides that 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." FED. R. CIV. P. 41(a)(1)(A)(i). The opposing parties in this case have not filed either an answer or a motion for summary judgment. See generally Swedberg v. Marotzke, 339 F.3d 1139 (9th Cir. 2003) (discussing Rule 41(a)(1)).
Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion to Dismiss (Dkt. #20) is granted. IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.