19stlc01027MOTION TO DISMISS THE CASE WITHOUT PREJUDICE

TENTATIVE RULING:

Plaintiff Masoud Bamdad’s Motion to Dismiss the Case Without Prejudice is GRANTED. Pursuant to Plaintiff’s request, the Court orders this case dismissed without prejudice.

RELIEF REQUESTED: Plaintiff seeks dismissal of this action without prejudice on grounds that he has been unable to serve Defendants with the complaint and summons, the court clerk has never signed and endorsed the required summons in order to serve Defendants, and Plaintiff has been transferred from one federal institution to another which interrupted his legal work.

ANALYSIS:

Plaintiff moves for an order dismissing this action without prejudice.

California Code of Civil Procedure section 581 provides that an action may be dismissed “[w]ith or without prejudice, upon written request of the plaintiff to the clerk, filed with papers in the case, or by oral or written request to the court at any time before the actual commencement of trial,