(PC) Gradford v. Sergeant Perea

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

WILLIAM J. GRADFORD, 1:23-cv-00028-ADA-GSA-PC

Plaintiff, ORDER RE PLAINTIFF’S NOTICE OF

VOLUNTARY DISMISSAL UNDER

vs. RULE 41 (ECF No. 11.) SERGEANT PEREA, et al.,

ORDER DIRECTING CLERK TO CLOSE

Defendants. FILE

19 William J. Gradford (“Plaintiff”) is a former jail inmate proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. On January 5, 2023, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On June 15, 2023, Plaintiff filed a notice of voluntary dismissal of this case under Rule 41 of the Federal Rules of Civil Procedure. (ECF No. 11.) Plaintiff has a right to voluntarily dismiss this case under Rule 41. 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 27 his action prior to service by the defendant of an answer or a motion for summary judgment. Concha v. London,…