Baughman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] DAVID PERRYMAN, No. 2:21-cv-0337 KIN P Plaintiff, Vv. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff, a state prisoner proceeding pro se, requested that this action be dismissed. 19 || Pursuant to Fed. R. Civ. P. 41(a), plaintiff’s request shall be honored.! Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. || Dated: February 24, 2022 AO Norra KENDALL J. WEA perr0337. UNITED STATES MAGISTRATE JUDGE 24 In voluntarily dismissing the action, plaintiff essentially chooses not to stand on his amended 26 || complaint but to withdraw it, which is his “absolute right.” Commercial Space Mgmt. Co. v. Boeing, Co., 193 F.3d 1074, 1077 (9th Cir. 1999) (“It is well settled that…