(PC) Fox v. CDCR Secretary
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
4 FREDDY T. FOX, Case No. 1:21-cv-01501-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE PURSUANT TO
v. PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL
CDCR SECRETARY, et al., (ECF No. 11) Defendants. 13 Freddy Fox (‘Plaintiff’), a state prisoner, is proceeding pro se and in forma pauperis in 15 this civil rights action pursuant to 42 U.S.C. § 1983. On January 11, 2022, Plaintiff filed a notice of voluntary dismissal pursuant to Federal 17 Rule of Civil Procedure 41(a)(1)G). At this stage in the proceedings, Plaintiff has the absolute 18 right to dismiss his claims, without prejudice. Duke Energy Trading & Mktg., L.L.C. v. Davis, 19 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the 20 action, and the Court no longer has jurisdiction over the claims. Id. Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to 22 Plaintiff’s notice of…