Diaz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOEL NUNEZ, Case No. 1:19-cv-00686-AWI-SAB (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S

REQUEST TO WITHDRAW ALL

v. PLAINTIFF’S LEGAL ISSUES,

CONSTRUED AS A REQUEST FOR

RALPH DIAZ, et al., VOLUNTARY DISMISSAL Defendants. (ECF No. 21) 16 Plaintiff Joel Nunez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 15, 2019, Plaintiff filed a request to withdraw all his legal issues, which the Court construes as a request to voluntarily dismiss this action, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 21.) Under Rule 41(a)(1)(A)(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.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in 25…