Allison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JARED ANDREW MARTIN, Case No. 1:22-cv-0914-JLT-SAB (PC)

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO TERMINATE ACTION PURSUANT TO

v. PLAINTIFF’S NOTICE OF VOLUNTARY

DISMISSAL

KATHLEEN ALLISON, et al., (ECF No. 13) Defendants.

15 Jared Andrew Martin (Plaintiff), a state prisoner, is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On October 5, 2022, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure. 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:

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 23 judgment. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (citing Hamilton v. Shearson-Lehman…