Zapata v. Holzboog et al

Filing 11

ORDER GRANTING Plaintiff's 10 Request for VOLUNTARY DISMISSAL signed by District Judge G. Murray Snow on 7/13/2009. CASE CLOSED. (Sant Agata, S)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. D . Holzboog, et al., Defendants. Mario C. Zapata, Plaintiff, ) ) ) ) ) ) ) ) ) ) N o . CV 1-08-0672-GMS ORDER I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

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P la in t if f has filed a Request for Voluntary Dismissal (Doc. # 10). Plaintiff's request w ill be granted and this action will be dismissed without prejudice. P u r s u a n t to Rule 41(a) of the Federal Rules of Civil Procedure, a plaintiff may dismiss a n action without order of court by filing a notice of dismissal at any time before service of a n answer. There is not a pending live Complaint before the Court, and therefore no answer h a s been filed. The right to voluntarily dismiss an action under these circumstances is, th e re f o re , absolute. Commercial Space Management Co., Inc. v. Boeing Co., Inc., 193 F.3d 1 0 7 4 , 1077 (9th Cir. 1999). Voluntary dismissal, however, does not alleviate the

r e sp o n s ib i lity to pay the filing fee. Id. All prisoners who file civil actions in forma pauperis m u s t pay the full amount of the filing fee. Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2 0 0 2 ). I T IS THEREFORE ORDERED that Plaintiff's Request for Voluntary Dismissal ( D o c . # 10) is GRANTED.

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I T IS FURTHER ORDERED that the Clerk of Court must terminate this action. D A T E D this 13th day of July, 2009.

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