ORDER DISMISSING CASE PURSUANT TO RULE 41(a)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE

PHILIP S. GUTIERREZ, District Judge.

On February 22, 2019, plaintiff filed a pro se civil rights action herein pursuant to 42 U.S.C. § 1983 ("Complaint"), naming as defendants the City of Simi Valley Police Department, and Constanza Gallardo and Ashley Vasquez. (ECF No. 1). On April 12, 2019, defendants Gallardo and Vasquez filed their Answers to the Complaint. (ECF Nos. 7, 8). On April 29, 2019, plaintiff filed a Notice of Dismissal as to defendant Simi Valley Police Department only. (ECF No. 13). On January 14, 2020, the Magistrate Judge, noting that the deadline for filing substantive motions in this action had expired on December 16, 2019, ordered defendants Gallardo and Vasquez to show cause, no later than January 21, 2020, why this matter should not be referred to this Court for trial proceedings. (ECF No. 18). Defendants did not timely respond to the Order to Show Cause, but informally informed the Magistrate Judge that the matter had settled.

On March 2, 2020, plaintiff submitted Central District form CV-09 — "Notice of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c)," in which he checked the box indicating that "[t]his action is dismissed by the Plaintiff[] in its entirety." (ECF No. 19).

Rule 41 allows for the voluntary dismissal of an action by a plaintiff without prejudice and without a court order before the opposing party serves either an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1); Hamilton v. Shearson-Lehman Am. Express, Inc., 813 F.2d 1532, 1534 (9th Cir. 1987). Where, as here, a defendant has submitted an answer, "an action may be dismissed only by court order." Fed. R. Civ. P. 41(a)(2).

Accordingly, having considered plaintiff's Notice of Dismissal, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice.