(PC) Thomas v. Valley State Prison, 1:20-cv-00021

Plaintiff Melvin Hiram Thomas, a state prisoner proceeding pro se, was one of fifteen plaintiffs in a complaint filed December 26, 2019 (originally case No. 1:19-cv-1797).
The court severed the fifteen-plaintiff action and opened a new, individual case for Thomas on January 7, 2020 (No. 1:20-cv-00021).
On March 30, 2020, Thomas filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1).
At the time of the notice, no defendant had served an answer or filed a motion for summary judgment.
Citing Ninth Circuit precedent, the court found the Rule 41(a)(1) notice effective upon filing, dismissed the case without prejudice, and directed the clerk to close the file on April 17, 2020.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Thomas's Rule 41(a)(1) notice effectually terminates the case	Thomas filed a notice of voluntary dismissal and asserted his right to dismiss prior to any defendant answer or summary-judgment motion	No defendant had responded; no opposing argument presented	Notice effective on filing; case dismissed without prejudice and clerk to close file

Wilson v. City of San Jose, 111 F.3d 688 (9th Cir. 1997) (explaining Rule 41(a)(1) gives plaintiff an absolute right to dismiss prior to defendant’s answer or summary-judgment motion)
Concha v. London, 62 F.3d 1493 (9th Cir. 1995) (notice of dismissal effective on filing; dismissal terminates action against named defendants)
Hamilton v. Shearson-Lehman Am. Express Inc., 813 F.2d 1532 (9th Cir. 1987) (Rule 41(a)(1) dismissal principles)
Pedrina v. Chun, 987 F.2d 608 (9th Cir. 1993) (plaintiff may dismiss some or all claims or defendants via Rule 41(a)(1) notice)
McKenzie v. Davenport-Harris Funeral Home, 834 F.2d 930 (9th Cir. 1987) (dismissals under Rule 41(a)(1) are ordinarily without prejudice)