1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 FRANKIE WEISNER, Case No. 1:25-cv-00919-EPG (PC) 10 Plaintiff, 11 v. ORDER REGARDING NOTICE OF VOLUNTARY DISMISSAL WITHOUT 12 JEFFREY MACOMBER , et al., PREJUDICE 13 Defendants. (ECF No. 18) 14 15 Plaintiff Frankie Weisner is incarcerated and proceeds pro se and in forma pauperis in this 16 action brought under

. (ECF No. 1). 17 On September 8, 2025, Plaintiff Frankie Weisner filed a “Notice of Motion and Voluntary 18 Dismissal of Etc” which states “Plaintiff(s) Frankie Weisner et. al. hereby move the Court for an 19 Order to Dismiss the First Amended Complaint, voluntarily.” (ECF No. 18). 20 The Court construes these filings as a notice of voluntary dismissal without prejudice 21 under Federal Rule of Civil Procedure 41(a)(1)(A)(i), which permits a Plaintiff to dismiss an 22 action without a court order by filing “a notice of dismissal before the opposing party serves 23 either an answer or a motion for summary judgment.” Notably, Plaintiff states his intention to 24 voluntarily dismiss this case without prejudice and no Defendant has served an answer or motion 25 for summary judgment. 26 Accordingly, in light of the voluntary dismissal, this action has been terminated, Fed. R. 27 Civ. P. 41(a)(1)(A)(i), and has been dismissed without prejudice. See Wilson v. City of San Jose,

, 692 (9th Cir. 1997). 28 1 The Clerk of Court is respectfully directed to terminate any pending dates and deadlines 2 | and to close the case. 3 4 IT IS SO ORDERED.

| Dated: _ September 10, 2025 [see hey 6 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