Edlow

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARCOS CONTRERAS GONZALEZ. Case No. 1:25-cv-01004-EPG Plaintiff,

ORDER RE: NOTICE OF VOLUNTARY

v. DISMISSAL WITHOUT PREJUDICE JOSEPH B. EDLOW, et al., (ECF No. 8, 9) Defendants. 16 17 On October 2, 2025, Plaintiff filed a notice stating, “[u]nder Federal Rules of Civil Procedure 41(A), this action is dismissed without prejudice by the Plaintiff in its entirety.” (ECF No. 8, p. 1). Because Defendants had made an appearance, the Court issued order that by no later than October 17, 2025, Defendants file a statement regarding whether they agree with the dismissal, or in the alternative, a stipulation signed by all parties. (ECF No. 9). However, upon review, Federal Rule of Civil Procedure 41(a)(1)(A) states that a notice of 24 dismissal by the Plaintiff is effective without a court order “before the opposing party serves 25 either an answer or a motion for summary judgment,” which Defendants have not done. 26 Accordingly, the Court’s…