McAllister v. Gunja et al

Filing 46

ORDER Dismissing Defendant Boister From Action, signed by Magistrate Judge Sheila K. Oberto on 9/7/2010. (Scrivner, E)

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(PC) McAllister v. Gunja et al Doc. 46 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Dockets.Justia.com UNITED STATES DISTRICT COURT JOHN I MCALLISTER, Plaintiff, v. J.E. GUNJA, et al., Defendants. / CASE NO. 1:06-cv-00082-OWW-SKO PC ORDER DISMISSING DEFENDANT BOISTER FROM ACTION Plaintiff John I. McAllister ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for civil rights violations committed by federal actors. On June 4, 2010, Plaintiff filed a notice of voluntary dismissal of his claims against Defendant Boister. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(i), a plaintiff may dismiss an action against a defendant by filing a notice of dismissal before that defendant makes an appearance in the action. Accordingly, it is HEREBY ORDERED that Defendant Boister is dismissed from this action. IT IS SO ORDERED. Dated: ie14hj September 7, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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