(PC) Ellis v. Kern County Sheriff Department

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 CHARLES ELLIS, SR., No. 1:22cv-01209-JLT-SAB (PC) Plaintiff, ORDER DIRECTING DEFENDANTS TO

FILE A RESPONSE TO PLAINTIFF’S

v. NOTICE OF VOLUNTARY DISMISSAL BY

NOVEMBER 22, 2024

KERN COUNTY SHERIFF DEPARTMENT, et al., (ECF No. 53) 12 Defendants.

14 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s notice of voluntary dismissal, filed November 14, 2024. The notice states that Plaintiff moves to voluntarily withdraw this action, with prejudice. (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 24 …