Samuel

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE MORENO, No. 2:21-cv-01493 TLN GGH P Petitioner, v. ORDER DANNY SAMUEL, Acting Warden, Respondent. 16 Petitioner, a state prisoner proceeding through counsel, has filed a motion to dismiss requesting that this action be dismissed without prejudice and that the Court permit petitioner’s counsel to withdraw. ECF No. 7. The court construes petitioner's motion to dismiss as a notice of voluntary dismissal without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). 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[.]” Fed. R. Civ. P. 41(a)(1)(A)(i). “The filing of a notice of voluntary dismissal with the court [pursuant to Rule 41(a)(1)] automatically terminates the action as to the defendants who are the subjects of the notice. Unless otherwise…