Jasso

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ISAIAH PETILLO, 1:21-cv-01020-DAD-GSA-PC

Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF

VOLUNTARY DISMISSAL UNDER

vs. RULE 41 (ECF No. 10.) JASSO, et al.,

ORDER DIRECTING CLERK TO CLOSE

Defendants. FILE

18 Isaiah Petillo (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on June 28, 2021. (ECF No. 1.) On October 7, 2021, Plaintiff filed a notice of voluntary dismissal of this case. (ECF No. 10.) 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:

24 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 25 judgment. Concha v. London, F.3d 1493, 1506 (9th Cir. 1995)…