Garcia v. Arizona Department of Corrections, et al

Filing 8

AMENDED ORDER that Plaintiff's Motion to Transfer Case, which the Court construes as a Motion for Voluntary Dismissal 5 , is granted. This action is dismissed without prejudice. Plaintiff's Application to Proceed In Forma Pauperis 2 is denied as moot. The Clerk of Court must close the case and enter judgment. Signed by Senior Judge Robert C Broomfield on 11/5/12. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Arizona Department of Corrections, et al.,)
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Defendants.
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Paul Garcia,

No. CIV 12-2061-PHX-RCB (MHB)
AMENDED ORDER

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On September 28, 2012, Plaintiff Paul Garcia, who is confined in the Maricopa

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County Fourth Avenue Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C.

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§ 1983 and an Application to Proceed In Forma Pauperis. On October 9, 2012, Plaintiff

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filed a “Motion to Transfer Case to Maricopa County Superior Court.” Plaintiff states that

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he was “misinformed with all respects to the courts,” and asks that this Court transfer this

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case to the Maricopa County Superior Court.

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The Court cannot transfer Plaintiff’s case. However, Rule 41(a)(1)(A)(I) of the

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Federal Rules of Civil Procedure provides that a plaintiff may dismiss an action by filing a

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“notice of dismissal before the opposing party serves either an answer or a motion for

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summary judgment.”

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dismissal and will dismiss this action without prejudice. Plaintiff may then re-file his case

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in the proper court.

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...

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...

The Court will treat Plaintiff’s Motion as a motion for voluntary

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IT IS ORDERED:
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Plaintiff’s Motion to Transfer case, which the Court construes as a Motion for

Voluntary Dismissal (Doc. 5), is granted. This action is dismissed without prejudice.
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Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied as

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(3)

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

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DATED this 5th day of November, 2012.

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moot.

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