Gregory Franklin v. Drug Enforcement Administration

Filing 7

ORDER DISMISSING ACTION by Magistrate Judge Michael R. Wilner. (See Minute Order for details) re Response 6 Case Terminated. Made JS-6. (vm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-686 UA (Duty)

Title

Franklin v. DEA

Present: The Honorable

Date

September 30, 2014

Michael R. Wilner

Veronica McKamie

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

None present

None present

Proceedings:

(IN CHAMBERS) ORDER DISMISSING ACTION

Plaintiff filed a response to the Court’s order regarding the reopening of this action.
(Docket # 6.) In his response, Plaintiff helpfully acknowledged that, after he was denied IFP
status in this action, he commenced a new action in this Court under a new case number seeking
relief from the named defendants. Franklin v. DEA, No. CV 14-3701 CMB (RNB) (C.D. Cal.).
Plaintiff further explained that the new case “is of the same action” – that is, it seeks the same
type of injunctive relief against the federal agency – “and is already proceeding with the IFP
being granted.” (Docket # 6 at 2.) As a result, Plaintiff explained that he believed that did “not
need to submit IFP paperwork to the Court” in the CV 14-686 action.
That makes sense. To facilitate Plaintiff’s wishes, the Court interprets Plaintiff’s
explanation as a request to voluntarily dismiss the CV 14-686 action pursuant to Federal Rule of
Civil Procedure 41, and to continue to pursue the ongoing CV 14-3701 case. The request to
dismiss the CV 14-686 case is GRANTED without prejudice. The Clerk is directed to close the
present matter.

cc:

Magistrate Judge Block

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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