Whether a plaintiff has an absolute right to voluntary dismissal under FRCP Rule 41(a)(1)(A)(i)

QUESTIONS PRESENTED (i) Whether, as the Ninth Circuit has held, a plaintiff has an “absolute right” to voluntary dismissal under FRCP, Rule 41(a)(1)(A)G), if no answer or motion for summary judgment has been filed, or whether, as in the Fifth Circuit, courts have the discretion to disregard such a dismissal. A circuit split exists on this question, with the Ninth Circuit holding that the right is “absolute,” while the Fifth Circuit holds the right is subject to court “discretion.” Gi) | Whether generally a pro se litigant should receive at least one warning before a monetary sanction is imposed for presenting a “frivolous” issue, in this case a sanction for seeking mandamus review to challenge refusal to allow a FRCP, Rule 41(a)(a)(A)@ voluntary dismissal. 2 Z