Richardson v. Contrerras et al

Filing 15

ORDER Directing Clerk of the Court to Close This Case Pursuant to 4 Plaintiff's Voluntary Dismissal, signed by Judge Oliver W. Wanger on 12/1/2010. CASE CLOSED. (Jessen, A)

(PC) Richardson v. Contrerras et al

Doc. 15

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 Dated: December 1, 2010 emm0d6 vs. B. CONTRERRAS, et al., (Doc. 14) Defendants. ________________________________/ Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On October 7, 2010, the assigned magistrate judge issued findings and recommendations recommending this case be dismissed in its entirety for failure to state a claim. In response, on November 5, 2010, Plaintiff filed a motion for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a). At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims without prejudice. See Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice of voluntary dismissal has the effect of closing the action, and the Court no longer has jurisdiction over the claims. Id. Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this case pursuant to Plaintiff's notice of voluntary dismissal filed November 5, 2010. IT IS SO ORDERED. /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE DARRELL RICHARDSON, Plaintiff, Case No. 1:08-cv-00779 OWW JLT (PC) ORDER DIRECTING THE CLERK OF THE C O U R T TO CLOSE THIS CASE PURSUANT TO PLAINTIFF'S VOLUNTARY DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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