Cryer

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DARRIN REID, 1:19-cv-01766-DAD-GSA-PC

Plaintiff, ORDER RE PLAINTIFF’S NOTICE

OF VOLUNTARY DISMISSAL

vs. UNDER RULE 41 (ECF No. 16.) C. CRYER, et al.,

ORDER DIRECTING CLERK TO

Defendants. CLOSE FILE

16 Darrin Reid (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on December 18, 2019. (ECF No. 1.) The case is currently in the screening stage. On March 8, 2021, Plaintiff filed a request to voluntarily dismiss this case without prejudice. (ECF No. 16.) The court construes Plaintiff’s request as a notice of dismissal under Rule 41(a)(1). 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. …