(PC) Howell v. Magana

Opinion

1 2 3 6 7 KAREEM J. HOWELL, No. 1:24-cv-00661-SAB (PC) 8 Plaintiff, ORDER DISMISSING ACTION PURSUANT TO PLAINTIFF’S NOTICE OF VOLUNTARY 9 v. DISMISSAL 10 J. MAGANA, et al., (ECF No. 9) 11 Defendants. 12 13 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 14 US.C. § 1983. 15 On August 19, 2024, Plaintiff filed a notice of voluntary dismissal. (ECF No. 9.) The 16 Court construes this as a voluntary dismissal pursuant to Federal Rule of Civil Procedure 17 41(a)(1)@). At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, 18 without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 19 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court 20 no longer has jurisdiction over the claims. Id. 21 Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to 22 Plaintiffs notice of voluntary dismissal filed on August 19, 2024. 23 24 5 IT IS SO ORDERED. □□ (Se 26 Dated: _ August 20, 2024 OF 37 UNITED STATES MAGISTRATE JUDGE