(PC)Heredia

UNITED STATES DISTRICT COURT

7 EASTERN DISTRICT OF CALIFORNIA 9 WILLIAM MARTIN HEREDIA, Case No. 1:22-cv-01439-SAB (PC) 10 Plaintiff, ORDER DIRECTING CLERK OF COURT TO TERMINATE ACTION PURSUANT TO v. PLAINTIFF’S MOTON TO VOLUNTARILY DISMISS THE ACTION

J. THOMAS, et al.,

(ECF No. 13) Defendants.

15 Plaintiff William Martin Heredia is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On February 24, 2023, Plaintiff filed a motion to voluntarily dismiss this action pursuant to Federal Rule of Civil Procedure 41. 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,…