Anaya v. Herrington et al

Filing 110

ORDER signed by District Judge Anthony W. Ishii on 8/29/2013 DISMISSING CASE pursuant to 107 Motion to Dismiss. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD ERNEST ANAYA,

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Plaintiff,

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Case No. 1:09-cv-01653 AWI DLB PC
ORDER DISMSSING ACTION PURSUANT
TO PLAINTIFF’S MOTION TO DISMISS

v.
HERRINGTON, et al.,

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(Document 107)

Defendants.

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Plaintiff Richard Ernest Anaya is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Defendants have answered the complaint and

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the action is currently in the discovery phase.
On August 19, 2013, Plaintiff filed a Motion to Voluntarily Dismiss this action. On August

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21, 2013, the Court ordered Defendants to either file an opposition or a statement of non-opposition

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to Plaintiff’s motion. In their August 21, 2013, filing, Defendants state that they do not oppose

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Plaintiff’s motion.
Accordingly, Plaintiff’s Motion for Voluntary Dismissal is GRANTED. This action is

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DISMISSED, WITHOUT PREJUDICE. Fed. R. Civ. P. 41(a)(2).

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IT IS SO ORDERED.
Dated: August 29, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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