McComas

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAM DRAKE, Case No. 1:22-cv-01149-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S

REQUEST FOR VOLUNTARY DISMISSAL

13 v. OF CERTAIN CLAIMS AND PARTIES 14 IBAL, et al., (ECF No. 9) 15 Defendants. 16 17 Plaintiff Sam Drake (“Plaintiff”) is a pretrial detainee proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. On November 1, 2022, the Court 19 screened the complaint and found that it failed to comply with Federal Rules of Civil Procedure 8, 20 18, and 20 and failed to state a cognizable claim for relief. (ECF No. 7.) The Court granted 21 Plaintiff leave to file an amended complaint or notice of voluntary dismissal. (Id.) 22 On December 13, 2022, Plaintiff filed a first amended complaint, (ECF No. 10), together 23 with a request for voluntary dismissal of certain claims and parties pursuant to Federal Rule of 24 Civil Procedure 41, (ECF No. 9). Plaintiff states that his request is made…