Gaston v. Patel
ORDER of VOLUNTARY Dismissal of Action signed by Magistrate Judge Michael J. Seng on 01/19/2014. CASE CLOSED. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:09-cv-01966-AWI-MJS (PC)
VOLUNTARY DISMISSAL OF ACTION
(ECF No. 34)
I. PATEL, et al.,
CLERK SHALL CLOSE CASE
Plaintiff Anthony Gaston is a state prisoner proceeding pro se in this civil rights
action pursuant to 42 U.S.C. § 1983. Plaintiff filed a motion to withdraw the complaint
voluntarily in the interests of justice on January 15, 2014 (ECF No. 34.
Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff may dismiss an action without a court
order by filing a notice of dismissal. Plaintiff’s January 15, 2014 notice is sufficient as a
notice of dismissal under Rule 41.
Accordingly, pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED
without prejudice. The Clerk shall CLOSE this case.
IT IS SO ORDERED.
January 19, 2014
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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