Mark R. Frisby v. The State of California Department of Justice, No. 5:2019cv01249 - Document 14 (C.D. Cal. 2019)

Court Description: MEMORANDUM DECISION AND ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Maria A. Audero. The Court Dismisses the FAC WITH LEAVE TO AMEND. Plaintiff is ORDERED to, within 30 days after the date of this Order, either: (1) file a SAC, or (2) advise the Court that Plaintiff does not intend to file a SAC. Plaintiff is not required to file an amended complaint, especially since a complaint dismissed for failure to state a claim without leave to amend may count as a strike under 28 U.S.C. 1915(g). Instead, Plaintiff may request voluntary dismissal of the action pursuant to Federal Rules of Civil Procedure 41(a) using the attached Notice of Voluntary Dismissal Form. (See document for further details.) (Attachments: # 1 Civil Rights Complaint Form, # 2 Dismissal Notice Form) (sp)

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Mark R. Frisby v. The State of California Department of Justice Doc. 14 Att. 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER Plaintiff(s), v. Defendant(s). NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c) PLEASE TAKE NOTICE: (Check one) G This action is dismissed by the Plaintiff(s) in its entirety. G The Counterclaim brought by Claimant(s) dismissed by Claimant(s) in its entirety. is G The Cross-Claim brought by Claimants(s) dismissed by the Claimant(s) in its entirety. is G The Third-party Claim brought by Claimant(s) dismissed by the Claimant(s) in its entirety. is G ONLY Defendant(s) is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim brought by . The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c). Date Signature of Attorney/Party NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive pleading or prior to the beginning of trial. CV-09 (03/10) NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c) Dockets.Justia.com

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