Cates
(PC) Butler v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CARL A. BUTLER, SR., 1:21-cv-01197-NONE-GSA-PC
Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL UNDER
vs. RULE 41 (ECF No. 9.) CATES, et al.,
ORDER DIRECTING CLERK TO CLOSE
Defendants. FILE
16 Carl A. Butler, Sr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On August 9, 2021, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On September 20, 2021, Plaintiff filed a notice of voluntary dismissal of this case. (ECF No. 9.) 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, F.3d 1493,…