Dougherty

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JESSE WILLARD, Case No. 1:19-cv-00648-AWI-JDP

Plaintiff,

ORDER THAT PLAINTIFF FILE A

v. CLARIFYING NOTICE OR NOTICE OF

VOLUNTARY DISMISSAL WITHIN

SUSAN DOUGHERTY, et al.,

THIRTY DAYS

Defendants. ECF No. 20 14 15 Plaintiff Jesse Willard is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On July 16, 2020, plaintiff filed a notice with the court that states: “I’d like to withdraw my complaint with leave to refile at a later date. Is that possible? If so, how do I go about doing so?” ECF No. 20 at 2-3. Federal Rule of Civil Procedure 41(a)(1)(A)(i) states that a “plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” Rule 41(a)(1)(B) further states that, “[u]nless the notice or stipulation states otherwise, the dismissal is without prejudice.” A dismissal without prejudice gives…