(PC) Fox v. Valley State Prison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

THOMAS MICHAEL JOSEPH FOX, 1:20-cv-00030-GSA-PC

Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF

VOLUNTARY DISMISSAL UNDER

vs. RULE 41 (ECF No. 4.) VALLEY STATE PRISON, et al.,

ORDER DIRECTING CLERK TO

Defendants. CLOSE FILE

16 Thomas Michael Joseph Fox (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This case was opened on January 7, 2020. (ECF No. 1.) On February 3, 2020, Plaintiff filed a notice of voluntary dismissal of this case. (ECF No. 4.) The court construes Plaintiff’s notice as a notice of dismissal under Rule 41(a)(1). 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…