1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] DAVID PERRYMAN, No. 2:21-cv-0337 KIN P 12 Plaintiff, 13 Vv. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, requested that this action be dismissed. 19 || Pursuant to Fed. R. Civ. P. 41(a), plaintiff’s request shall be honored.! 20 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. 21 || Dated: February 24, 2022 22 AO Norra 93 KENDALL J. WEA perr0337.59 UNITED STATES MAGISTRATE JUDGE 24 1 In voluntarily dismissing the action, plaintiff essentially chooses not to stand on his amended 26 || complaint but to withdraw it, which is his “absolute right.” Commercial Space Mgmt. Co. v. Boeing, Co.,

, 1077 (9th Cir. 1999) (“It is well settled that under Rule 41(a)(1)(i), 27 || ‘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.’” (quoting Wilson v. City of San Jose,

| 688, 692 (9th Cir. 1997))).