(PC) Sharp v. Carter ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY A. SHARP, Case No. 1:19-cv-01568-DAD-SAB (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S “WISH TO DISMISS THIS ACTION,” CONSTRUED 13 v. AS A REQUEST FOR VOLUNTARY DISMISSAL 14 JACK CARTER, (ECF No. 7) 15 Defendant. 16 17 Plaintiff Anthony S. Sharp is a state prisoner proceeding pro se in this civil rights action 18 pursuant to 42 U.S.C. § 1983. On November 18, 2019, Plaintiff filed a document titled 19 “Petitioner Wish to Dismiss this Action,” which the Court construes as a request to voluntarily 20 dismiss this action, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). 21 (ECF No. 7.) 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 | motions and deadlines and close this case. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ November 19, 2019 ; 4 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28