(PC) Valdivia v. Vasquez et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOHN VALDIVIA,
Plaintiff,
v.
MIRIAM VASQUEZ, et al.,
Defendants.
Case No.: 1:24-cv-00597-SKO
ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL
WITHOUT PREJUDICE
Plaintiff John Valdivia, a civil detainee, is appearing pro se and in forma pauperis in this
civil rights action. This case proceeds on Plaintiff’s Religious Land Use and Institutionalized
Persons (RLUIPA) claim and Fourteenth Amendment equal protection claim against Defendant
Vasquez.
I. INTRODUCTION
On December 30, 2025, Plaintiff filed a document titled “Plaintiff’s Motion to Dismiss
Without Prejudice.” (Doc. 25.) Plaintiff states that he “has met in good faith with Defendant
Miriam Vasquez and DSH-Coalinga Central Services Director Daniel Meek” and that following
their meeting regarding Plaintiff’s claims, “an understanding and agreement was met.” (Doc. 25
at 2.) Plaintiff asks the Court to “dismiss all claims without prejudice against all named
Defendants in this matter.” (Id.)
Case 1:24-cv-00597-SKO Document 26 Filed 01/05/26 Page 1 of 2

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The Court construes Plaintiff’s filing to be a notice of voluntary dismissal without
prejudice pursuant to Rule 41(a)(1)(A)(i) and (B) of the Federal Rules of Civil Procedure, as
Defendants have not served or filed “an answer or a motion for summary judgment.”
II. CONCLUSION AND ORDER
In light of the foregoing, this action is terminated by operation of law without further
order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i) & (B). The Clerk of the Court is directed to
terminate all pending motions and deadlines and to close this case.
IT IS SO ORDERED.
Dated: January 2, 2026 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE
Case 1:24-cv-00597-SKO Document 26 Filed 01/05/26 Page 2 of 2