Jones v. Mayberg, et al.

Filing 48

ORDER DISMISSING CASE on Plainitiff's Motion 47 , signed by Magistrate Judge Michael J. Seng on 7/23/10: Action is DISMISSED WITHOUT PREJUDICE. The Clerk shall CLOSE this case. (CASE CLOSED)(Hellings, J)

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(PC) Jones v. Mayberg, et al. Doc. 48 1 2 3 4 5 6 7 8 SANFORD D. JONES, 9 Plaintiff, 10 v. 11 STEPHEN MAYBERG, et al., 12 Defendants. 13 / 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: ci4d6 July 23, 2010 /s/ UNITED STATES MAGISTRATE JUDGE Plaintiff Sanford D. Jones ("Plaintiff") is a civil detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. On June 14, 2010, the Court ordered Plaintiff to show cause why this action should not be dismissed based on his failure to file an amended complaint. (ECF No. 46.) Plaintiff responded that the subject of his lawsuit was "in a state of flux and unstable" and that, therefore, he wished to dismiss the current action. (ECF No. 47.) Because Defendants have filed neither an answer nor a motion for summary judgment, Plaintiff's notice of dismissal automatically ends this action. Fed. R. Civ. Proc. 41(a). Based on Plaintiff's request for dismissal, the above-captioned action is DISMISSED W ITHOUT PREJUDICE. The Clerk shall close the case. (ECF No. 47) ORDER DISMISSING PLAINTIFF'S MOTION CASE ON CASE NO. 1:07-cv-1207-MJS (PC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Michael J. Seng

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