1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DESMOND PRYER, Case No. 1:23-cv-00250-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL 13 v. (ECF No. 15) 14 BARBA, et al., 15 Defendants. 16 17 Plaintiff Desmond Pryer (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action under

. On November 10, 2025, Plaintiff filed 19 a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(A)(i). (ECF 20 No. 15.) 21 “[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action 22 prior to service by the defendant of an answer or a motion for summary judgment.” Commercial 23 Space Mgmt. Co., Inc. v. Boeing Co., Inc.,

(9th Cir. 1999) (quotation and 24 citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is 25 required, the parties are left as though no action had been brought, the defendant can’t complain, 26 and the district court lacks jurisdiction to do anything about it.”

. No defendant has 27 been served in this action and no defendant has filed an answer or motion for summary 28 judgment. 1 As Plaintiff did not specify whether the dismissal is with or without prejudice, the Court 2 finds that a dismissal without prejudice is appropriate. Fed. R. Civ. P. 41(a)(2). 3 Accordingly, this action is terminated, without prejudice, by operation of law without 4 further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to 5 close this case. 6 IT IS SO ORDERED. 7

8 Dated: November 12, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9

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