Tingley

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY LADEL OLIVER, Case No. 1:22-cv-00071-AWI-BAM (PC) Plaintiff, ORDER REGARDING PLAINTIFF’S

MOTION TO DISMISS THIS ACTION

v. (ECF No. 13) TINGLEY, et al., Defendants. 16 Plaintiff Anthony Ladel Oliver (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. On April 13, 2022, the Court screened the first amended complaint and issued findings and recommendations recommending dismissal of this action based on Plaintiff’s failure to state a cognizable claim upon which relief may be granted. (ECF No. 12.) On April 25, 2022, Plaintiff filed a motion to dismiss this action, without prejudice, pursuant to the Federal Rules of Civil Procedure. (ECF No. 13.) “[U]nder Rule 41(a)(1)(i), 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 judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing…