(PC) Perryman v. Baughman

Opinion

1 2 3 4 5 6 7 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] DAVID PERRYMAN, No. 2:21-cv-0337 KIN P 12 Plaintiff, 13 Vv. ORDER CORRECTIONS AND 15 REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, requested that this action be dismissed. 19 Pursuant to Fed. R. Civ. P. 41(a), plaintiff’s request shall be honored.! 20 Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. 21 Dated: February 24, 2022 22 AO Norra 93 KENDALL J. WEA perr0337.59 UNITED STATES MAGISTRATE JUDGE 24 1 In voluntarily dismissing the action, plaintiff essentially chooses not to stand on his amended 26 complaint but to withdraw it, which is his “absolute right.” Commercial Space Mgmt. Co. v. Boeing, Co., 193 F.3d 1074, 1077 (9th Cir. 1999) (“It is well settled that under Rule 41(a)(1)(i), 27 ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.’” (quoting Wilson v. City of San Jose, 111 F.3d 28 688, 692 (9th Cir. 1997))).