1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 KAREEM J. HOWELL, No. 1:24-cv-00661-SAB (PC) 8 Plaintiff, ORDER DISMISSING ACTION PURSUANT TO PLAINTIFF’S NOTICE OF VOLUNTARY 9 v. DISMISSAL 10 J. MAGANA, et al., (ECF No. 9) 11 Defendants. 12 13 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 14 | US.C. § 1983. 15 On August 19, 2024, Plaintiff filed a notice of voluntary dismissal. (ECF No. 9.) The 16 | Court construes this as a voluntary dismissal pursuant to Federal Rule of Civil Procedure 17 | 41(a)(1)@). At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, 18 | without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis,

, 1049 19 | (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court 20 | no longer has jurisdiction over the claims.

21 Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to 22 | Plaintiffs notice of voluntary dismissal filed on August 19, 2024. 23 24 5 IT IS SO ORDERED. □□ (Se 26 | Dated: _ August 20, 2024 OF 37 UNITED STATES MAGISTRATE JUDGE

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