Opinion
No. CIV S-07-2400 FCD EFB P.
May 28, 2008
ORDER
Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 U.S.C. § 1983. He has notified the Clerk of the Court of his intent to voluntarily dismiss this action. Defendant has not been served.
A plaintiff may dismiss an action without a court order at any time before the defendant serves an answer or motion for summary judgment. Fed.R.Civ.P. 41(a). Defendant has not answered or moved for summary judgment.
The Clerk of the Court therefore is directed to enter plaintiff's dismissal without prejudice.
So ordered.