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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?