1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN PAUL FRANK SCHOWACHERT, Case No. 1:25-cv-00121-JLT-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S MOTION TO DISMISS 13 v. (ECF No. 15) 14 POLLEY, 15 DefendanT. 16 17 Plaintiff John Paul Frank Schowachert (“Plaintiff”) is a state prisoner proceeding pro se in 18 this civil rights action under

. On March 4, 2025, the assigned District Judge 19 adopted the findings and recommendations to deny Plaintiff’s motion to proceed in forma 20 pauperis and directed Plaintiff to pay in full the $405.00 filing fee if he wishes to proceed with 21 this action. (ECF No. 14.) 22 On March 12, 2025, Plaintiff filed a Motion to Dismiss. (ECF No. 15.) Plaintiff moves to 23 dismiss this action, without prejudice, stating that he cannot pay to proceed and that due to a brain 24 injury he did not know he had two cases open. (Id.) 25 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 26 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 27 Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

(9th Cir. 1999) (quotation and 28 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 1 required, the parties are left as though no action had been brought, the defendant can’t complain, 2 and the district court lacks jurisdiction to do anything about it.”

. No defendant has 3 been served in this action and no defendant has filed an answer or motion for summary 4 judgment. 5 Accordingly, this action is terminated, without prejudice, by operation of law without 6 further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to 7 terminate all pending motions and close this case. 8 IT IS SO ORDERED. 9

10 Dated: March 12, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11

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