(PC) Fox v. CDCR Secretary ( 2022 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 4 8 | FREDDY T. FOX, Case No. 1:21-cv-01501-SAB (PC) 9 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE PURSUANT TO 10 v. PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL 11 | CDCR SECRETARY, et al., (ECF No. 11) 12 Defendants. 13 14 Freddy Fox (‘Plaintiff’), a state prisoner, is proceeding pro se and in forma pauperis in 15 | this civil rights action pursuant to 42 U.S.C. § 1983. 16 On January 11, 2022, Plaintiff filed a notice of voluntary dismissal pursuant to Federal 17 | Rule of Civil Procedure 41(a)(1)G). At this stage in the proceedings, Plaintiff has the absolute 18 | right to dismiss his claims, without prejudice. Duke Energy Trading & Mktg., L.L.C. v. Davis, 19 | 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the 20 | action, and the Court no longer has jurisdiction over the claims. Id. 21 Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to 22 | Plaintiff’s notice of voluntary dismissal filed on January 11, 2022. 23 IT IS SO ORDERED. 24 FA. | Dated: _ January 13, 2022 ; UNITED STATES MAGISTRATE JUDGE 26 27 28