Gaston v. Patel

Filing 35

ORDER of VOLUNTARY Dismissal of Action signed by Magistrate Judge Michael J. Seng on 01/19/2014. CASE CLOSED. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY GASTON, Case No. 1:09-cv-01966-AWI-MJS (PC) Plaintiff, VOLUNTARY DISMISSAL OF ACTION 12 13 v. (ECF No. 34) 14 I. PATEL, et al., CLERK SHALL CLOSE CASE 15 Defendants. 16 17 18 Plaintiff Anthony Gaston is a state prisoner proceeding pro se in this civil rights 19 action pursuant to 42 U.S.C. § 1983. Plaintiff filed a motion to withdraw the complaint 20 voluntarily in the interests of justice on January 15, 2014 (ECF No. 34. 21 Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff may dismiss an action without a court 22 order by filing a notice of dismissal. Plaintiff’s January 15, 2014 notice is sufficient as a 23 notice of dismissal under Rule 41. 24 25 26 27 28 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. Dated: January 19, 2014 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 1

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