Magana
(PC) Howell v. Magana
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 KAREEM J. HOWELL, No. 1:24-cv-00661-SAB (PC) Plaintiff, ORDER DISMISSING ACTION PURSUANT
TO PLAINTIFF’S NOTICE OF VOLUNTARY
v. DISMISSAL J. MAGANA, et al., (ECF No. 9) Defendants. 12 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 US.C. § 1983. On August 19, 2024, Plaintiff filed a notice of voluntary dismissal. (ECF No. 9.) The Court construes this as a voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)@). At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court 20 no longer has jurisdiction over the claims. Id. Accordingly, the Clerk of…