Zanoni

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEREK SMITH, No. 1:23-cv-00961-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO

TERMINATE ACTION PURSUANT TO

v. PLAINTIFF’S NOTICE OF VOLUNTARILY

DISMISSAL

JOHN ZANONI, (ECF No. 9) 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 August 22, 2023, Plaintiff filed a notice to voluntarily dismiss this action. (ECF No. 9.) 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:

23 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 1532, 1534 (9th Cir. 1987)). A…