Gerst v. Arpaio

Filing 15

ORDER that Plaintiff's December 26, 2012 Motion to Withdraw First Amended Complaint (Doc. 14 ) is granted. This case is dismissed without prejudice and the Clerk of Court must close the case and enter judgment. Signed by Senior Judge Robert C Broomfield on 2/13/2013.(KMG)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Joshua James Gerst,

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No. CV 12-1353-PHX-RCB (JFM)
Plaintiff,

vs.

ORDER

Joseph M. Arpaio, et al.,

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Defendants.

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Plaintiff Joshua James Gerst, who is confined in the Arizona State Prison

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Complex-Eyman, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983. In

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an October 19, 2012 Order, the Court dismissed the Complaint with leave to amend. On

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November 26, 2012, Plaintiff filed a First Amended Complaint. On December 26, 2012,

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Plaintiff filed a Motion to Withdraw First Amended Complaint.

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In the Motion to Withdraw, Plaintiff asks the Court “to withdraw his First

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Amended Complaint filed . . . November 26, 2012 and to take no action on same.” The

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Court will grant the Motion. As no Complaint now remains before the Court, the Court

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will also dismiss this action without prejudice.

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IT IS ORDERED that Plaintiff’s December 26, 2012 Motion to Withdraw First

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Amended Complaint (Doc. 14) is granted. This case is dismissed without prejudice and

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the Clerk of Court must close the case and enter judgment.

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DATED this 13th day of February, 2014.

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JDDL

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