Fleming

I. BACKGROUND

24 Douglas Murphy (“Plaintiff”) is a county jail inmate proceeding pro se with this civil 25 rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action 26 on July 26, 2023, at the United States District Court for the Eastern District of Pennsylvania. 27 (ECF No. 1.) On August 4, 2023, the case was transferred to this court. (ECF No. 5.) 28 On September 18, 2023, Plaintiff filed a motion to voluntarily dismiss this case without prejudice, which the Court construes as a notice of voluntary dismissal under Rule 41. (ECF No. 11.) II. RULE 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 judgment. Concha v. London, F.3d 1493, 1506 (9th Cir. 1995) (citing Hamilton v. Shearson-Lehman American Express, 813 F.2d 1532, 1534 (9th Cir. 1987)). A plaintiff may dismiss his action so…