1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVIS JUSTIN CUELLAR, No. 1:24-cv-01196-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO TERMINATE ACTION PURSUANT TO 13 v. PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL 14 ARAMARK, et al., (ECF No. 23) 15 Defendants.

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17 18 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42

. 20 Currently before the Court is Plaintiff’s motion to voluntarily dismiss this action, without 21 prejudice, filed April 30, 2025. 22 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 23 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 24 Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

(9th Cir. 1999) (quotation and 25 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 26 required, the parties are left as though no action had been brought, the defendant can't complain, 27 and the district court lacks jurisdiction to do anything about it.”

. No defendant has 28 1 | been served in this action and no defendant has filed an answer or motion for summary judgment. 2 Accordingly, this action is terminated, without prejudice, by operation of law without 3 | further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)q). 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _May 1, 2025 STANLEY A. BOONE 7 United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28