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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARONTA TYRONE LEWIS, Case No. 1:22-cv-01036-ADA-HBK (PC) Plaintiff, NOTICE OF VOLUNTARILY DISMISSAL UNDER RULE 41(a)(1)(A)(i) v. (Doc. No. 8) GAVIN NEWSOME, ET. AL., Defendants. 16 Pending before the Court is Plaintiff’s pleading titled “motion to withdraw federal civil rights action without prejudice” filed on October 27, 2022. (Doc. No. 8). On October 12, 2022, the undersigned issued Findings and Recommendations to the district court to deny Plaintiff’s motion for leave to proceed in forma pauperis under § 1915(g) due to Plaintiff’s three-striker and his failure to establish the imminent danger of physical injury exception. (Doc. No. 7). In response, Plaintiff filed the instant pleading asking the Court “to grant [this motion ] without prejudice” because Plaintiff seeks to “have an attorney refile [it].” (Doc. No. 8 at 2). Here, no Defendant has been served, or filed a response or motion for summary judgment 25 and Plaintiff seeks…