(PC) Fox v. CDCR Secretary

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FREDDY T. FOX, Case No. 1:21-cv-01501-SAB (PC) Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE PURSUANT TO v. PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL CDCR SECRETARY, et al., (ECF No. 11) Defendants. Freddy Fox (‘Plaintiff’), a state prisoner, is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On January 11, 2022, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)G). At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, without prejudice. Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court no longer has jurisdiction over the claims. Id. Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to Plaintiff’s notice of voluntary dismissal filed on January 11, 2022. IT IS SO ORDERED. FA. Dated: _ January 13, 2022 ; UNITED STATES MAGISTRATE JUDGE