Petersen

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 KYLE PETERSEN, Case No. 1:20-cv-00954-DAD-EPG Plaintiff, v. ORDER DIRECTING CLERK OF COURT TO

CLOSE CASE IN LIGHT OF PLAINTIFF’S

MEKIASH BUYARD, NOTICE OF VOLUNTARY DISMISSAL Defendant. (ECF No. 36) 15 16 On February 14, 2022, Plaintiff Kyle Petersen filed a notice of voluntary dismissal (ECF 17 No. 36), pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendant has not filed an 18 answer or motion for summary judgment. Accordingly, the Clerk of Court is respectfully directed 19 to close the case. 20 Although Defendant has filed a motion to dismiss (ECF No. 23), with pending findings 21 and recommendations to grant the motion and dismiss the case with prejudice (ECF No. 35), 22 Plaintiff still has the right to voluntarily dismiss this case: 23 Under Rule 41(a)(1), a plaintiff has an absolute right voluntarily to dismiss his action prior to service by the defendant of an answer or a motion for summary judgment. Even if…