(PS)Razavi

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL RAZAVI, No. 2:20–cv–1825–KJM–KJN PS Plaintiff, ORDER v. (ECF No. 11, 12) DEPARTMENT OF VETERANS AFFAIRS, et al., 15 Defendants. 16 On January 21, 2021, the court received plaintiff’s self-titled “Motion to Dismiss Complaint Without Prejudice.” (ECF No. 11.) Defendants responded, arguing that plaintiff’s filing should be construed as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 12.) The court concurs. Rule 41(a)(1)(A) provides that “the plaintiff may dismiss an action without a court order by filing . . . (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment . . . .” See Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Under Rule 41(a)(1), a plaintiff has an absolute right voluntarily to dismiss his action prior to service by the defendant of an answer or a motion for summary judgment. Even if the…