Campbell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALEX AROZ, Case No. 1:23-cv-01666-BAM (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S

REQUEST FOR VOLUNTARY DISMISSAL

v. (ECF No. 8) CAMPBELL, Defendant. 16 Plaintiff Alex Aroz (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. On April 25, 2024, the Court screened the complaint and granted Plaintiff leave to file a first amended complaint or a notice of voluntary dismissal. (ECF No. 7.) On May 24, 2024, Plaintiff filed a request for voluntary dismissal, without prejudice. (ECF No. 8.) “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 26 …