Ayon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 JEREMY JONES, No. 1:21-cv-00809-JLT-SAB (PC) Plaintiff, ORDER DIRECTING DEFENDANT TO FILE

A RESPONSE TO PLAINTIFF’S NOTICE OF

v. VOLUNTARY DISMISSAL BY

SEPTEMBER 6, 2024

AYON, (ECF No. 66) Defendant. 13 14 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s notice of voluntary dismissal, filed August 30, 2024. The notice states that Plaintiff moves to voluntarily withdraw this action initiated pursuant to 42 U.S.C. § 1983. (Id.) “[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 required,…