Hernandez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROBERT JOHN BUSTILLOS, No. 1:23-cv-01365-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO VOLUNTARILY DISMISS ACTION,

v. WITHOUT PREJUDICE HERNANDEZ, et al., (ECF No. 9) Defendants. 16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to voluntarily dismiss the action and stop the collection of the filing fee, filed November 13, 2023. “[U]nder Rule 41(a)(1)(i), 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.” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant…