Barba

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DESMOND PRYER, Case No. 1:23-cv-00250-BAM (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S

NOTICE OF VOLUNTARY DISMISSAL

v. (ECF No. 15) BARBA, et al., Defendants. 16 Plaintiff Desmond Pryer (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. On November 10, 2025, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(A)(i). (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…