Michael A. Williams appeals the district court’s order dismissing without prejudice his petition under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001), pursuant to Williams’ request for voluntary dismissal. A Fed.R.Civ.P. 41(a)(1) voluntary dismissal without prejudice is not appealable. Unioil, Inc. v. E.F. Hutton & Co., 809 F.2d 548, 555 (9th Cir. 1986). We accordingly deny a certificate oí appealability and dismiss Williams’ appeal of this nonappealable order. We dispense with oral argument because the facts and legal contentions are adequately presented in the *269 materials before the court and argument would not aid the decisional process.

DISMISSED.