Polley

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN PAUL FRANK SCHOWACHERT, Case No. 1:25-cv-00121-JLT-BAM (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S

MOTION TO DISMISS

v. (ECF No. 15) POLLEY, DefendanT. 16 Plaintiff John Paul Frank Schowachert (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. On March 4, 2025, the assigned District Judge adopted the findings and recommendations to deny Plaintiff’s motion to proceed in forma pauperis and directed Plaintiff to pay in full the $405.00 filing fee if he wishes to proceed with this action. (ECF No. 14.) On March 12, 2025, Plaintiff filed a Motion to Dismiss. (ECF No. 15.) Plaintiff moves to dismiss this action, without prejudice, stating that he cannot pay to proceed and that due to a brain injury he did not know he had two cases open. (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…