Moises Gomez Mendez v. Pamela Bondi, et al.

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA MOISES GOMEZ MENDEZ, No. ED CV 25-3401-DOC-E 12 Petitioner, ORDER RE VOLUNTARY DISMISSAL 13 v. PAMELA BONDI, ET AL., 15 Respondent.

1 On January 13, 2026, Petitioner filed a “Motion for Dismissal, etc.,” requesting || dismissal of the action without prejudice. The Court construes this motion as a notice of || voluntary dismissal pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a) || permits a plaintiff or petitioner to dismiss an action voluntarily, without court order, by filing a || notice of dismissal at any time before service by an adverse party of an answer or a motion for || summary judgment. See Fed. R. Civ. P. 41(a); Mosely v. Trate, 2023 WL 2480571, at *1 | (E.D. Cal. March 13, 2023) (Rule 41(a) applies to federal habeas petitioners). No adverse || party has filed any answer or motion for summary judgment in this action. Therefore, under || Rule 41(a)(1), the action is deemed dismissed by operation of law. See Commercial Space || Management Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999) (“it is beyond debate that || a dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are || left as though no action had been brought, the defendant can't complain, and the district || court lacks jurisdiction to do anything about it"). This dismissal is without prejudice. See Fed. || R. Civ. P. 41(a).

16 Dated: January 13 , 2026.

17 / Alin 0 Cuter 19 hoe Cater) 20 UNITED STATES DISTRICT JUDGE || PRESENTED this 13th day || of January, 2026, by: 9A [S/ CHARLES F. EICK || UNITED STATES MAGISTRATE JUDGE