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7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 DIAMONTE JEROME MCGHEE Case No. 1:25-cv-01024-KES-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT 12 TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 13 LORENZO CASTREJON, et al., (ECF No. 18) 14 Defendants. 15

16 On November 3, 2025, Plaintiff filed a notice of voluntary dismissal of the entire action 17 without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF 18 No. 17.) 19 “[U]nder Rule 41(a)(1)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action 20 prior to service by the defendant of an answer or a motion for summary judgment.’” Commercial 21 Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

(9th Cir. 1999) (quoting Wilson 22 v. City of San Jose,

, 692 (9th Cir. 1997)). “[A] dismissal under Rule 41(a)(1) is 23 effective on filing, no court order is required, the parties are left as though no action had been 24 brought, the defendant can’t complain, and the district court lacks jurisdiction to do anything 25 about it.” Commercial Space Mgmt. Co., Inc.,

. In this action, no defendant has 26 filed an answer, other responsive pleading, or motion for summary judgment. 27 / / / 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case 2 adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a)(1). 3 4 T IS SO ORDERED. FA. Se 5 Dated: _ November 4, 2025 " STANLEY A. BOONE 6 United States Magistrate Judge 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28