Zanoni

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEREK M. SMITH, No. 1:23-cv-01003-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO

TERMINATE ACTION PURSUANT TO

v. PLAINTIFF’S NOTICE OF VOLUNTARY

DISMISSAL

JOHN ZANONI, (ECF No. 8) Defendant. 16 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On July 28, 2023, in response to the Court’s order to show cause, Plaintiff moves to voluntarily dismiss this action as duplicative of Smith v. Zanoni, Case No. 1:23-cv-00961-SAB (PC). (ECF No. 8.) 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:

24 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 judgment. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995)…