Carpio

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALEXIS AGUILAR, 1:17-cv-01190-DAD-GSA-PC

Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF

VOLUNTARY DISMISSAL UNDER

v. RULE 41 (ECF No. 26.) D. CARPIO, et al.,

ORDER DIRECTING CLERK TO CLOSE FILE

15 16 17 Alexis Aguilar (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On August 14, 2017, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On September 23, 2019, Plaintiff filed a notice of voluntary dismissal of this case. (ECF No. 26.) Plaintiff has a right to voluntarily dismiss this case under Rule 41 of the Federal Rules of Civil Procedure. In Wilson v. City of San Jose, the Ninth Circuit explained:

Under Rule 41(a)(1), 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. Concha v. London, F.3d 1493, 1506 (9th Cir. 1995) (citing Hamilton v.…