Navarro
(PC) Howell v. Navarro
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
KAREEM HOWELL, 1:19-cv-00820-GSA-PC
Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL UNDER
vs. RULE 41 (ECF No. 7.) C. NAVARRO, et al.,
ORDER DIRECTING CLERK TO
Defendants. CLOSE FILE
16 Kareem Howell (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action under 42 U.S.C. § 1983. On June 13, 2019, Plaintiff filed the Complaint commencing this action. 28 U.S.C. § 1915. (ECF No. 1.) On August 28, 2020, Plaintiff filed a notice of voluntary dismissal of this case. (ECF No. 7.) 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:
23 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 24 judgment. Concha v. London, 62 …