Pacheco

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LUIS PACHECO, Case No. 23-cv-06020-RFL

Plaintiff,

ORDER OF DISMISSAL

v. Re: Dkt. No. 27 AYALA, et al., Defendants.

Luis Pacheco, a state prisoner, proceeding pro se and in forma pauperis, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. On April 13, 2025, Plaintiff sent a letter to the Court seeking to drop the case because he cannot find an attorney to represent him and he may have to provide attorney fees for Defendants if he loses. (Dkt. No. 28 at 1). The Court construes the letter as a request for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). Under Federal Rule 41(a)(1), “a plaintiff has ‘an absolute right’ to voluntarily dismiss an action ‘prior to service by the defendant of an answer or a motion for summary judgment.’” Kamal v. Eden Creamery, LLC, 88 F.4th 1268, 1279 n.4 (9th Cir. 2023) (citation omitted). The dismissal may be with or without prejudice, but unless plaintiff’s notice of dismissal states otherwise, it is deemed to be without prejudice. See Fed. R. Civ. P. 41(a)(1)(B). Here, Defendants did not file an answer and the motion for…