(PC) Nunez v. Diaz ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOEL NUNEZ, Case No. 1:19-cv-00686-AWI-SAB (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S REQUEST TO WITHDRAW ALL 13 v. PLAINTIFF’S LEGAL ISSUES, CONSTRUED AS A REQUEST FOR 14 RALPH DIAZ, et al., VOLUNTARY DISMISSAL 15 Defendants. (ECF No. 21) 16 17 Plaintiff Joel Nunez is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. On November 15, 2019, Plaintiff filed a request 19 to withdraw all his legal issues, which the Court construes as a request to voluntarily dismiss this 20 action, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 21 21.) 22 Under Rule 41(a)(1)(A)(i), “a plaintiff has an absolute right to voluntarily dismiss his 23 action prior to service by the defendant of an answer or a motion for summary judgment.” 24 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in 25 this action has served an answer or a motion for summary judgment. 26 /// 27 /// 28 /// 1 Accordingly, this action is terminated by operation of law without further order from the 2 | Court. Fed. R. Civ. P. 41(a)(1)(A)G). The Clerk of the Court is directed to terminate all pending 3 | deadlines and close this case. 4 5 6 IT IS SO ORDERED. OF a Se 7 | Dated: _November 18, 2019 _ ef UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28