Astorga

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 ARMANDO B. AYALA, No. 1:23-cv-00528-JLT-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO

DISMISS ACTION PURSUANT TO

v. PLAINTIFF’S NOTICE OF VOLUNTARY

DISMISSAL

A. ASTORGA, et al., (ECF No. 14) Defendants. 12 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On August 8, 2023, Plaintiff filed a motion to dismiss this action pursuant to Federal Rule of Civil Procedure 41. (ECF No. 14.) 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:

19 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) (citing Hamilton v. Shearson-Lehman American Express, 813 F.2d…