Llamas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN MARCUS ZINMAN, Case No. 1:24-cv-00549-JLT-BAM (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S

MOTION TO WITHDRAW/CLOSE CASE

v. (ECF No. 15) LLAMAS, et al., Defendants. 16 Plaintiff Justin Marcus Zinman (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. The complaint has not yet been screened. On September 6, 2024, Plaintiff filed a motion to withdraw/close case. (ECF No. 15.) “[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, the parties are left as though no action had been brought, the defendant can’t complain, and the district court lacks jurisdiction…