Lamon v. Cate et al

Filing 29

ORDER DENYING Pending Motions as MOOT and DIRECTING Clerk of the Court to CLOSE this CASE Pursuant to Plaintiff's 28 Notice of Voluntary Dismissal signed by District Judge Lawrence J. O'Neill on 9/29/2011. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BARRY LOUIS LAMON,

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Plaintiff,

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CASE NO. 1:09-cv-02220-LJO-SKO PC
ORDER DENYING PENDING MOTIONS AS
MOOT AND DIRECTING CLERK OF THE
COURT TO CLOSE THIS CASE PURSUANT
TO PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL

v.
MATTHEW L. CATE, et al.,

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Defendants.

(Docs. 25, 26, and 28)
/

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On September 26, 2011, Plaintiff Barry Louis Lamon filed a notice of voluntary dismissal

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff

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has the absolute right to dismiss his claims, without prejudice. Duke Energy Trading and Marketing,

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L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect

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of closing the action, and the Court no longer has jurisdiction over the claims. Id.

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Accordingly, all pending motions are DENIED as moot and the Clerk of the Court is

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DIRECTED to close this file pursuant to Plaintiff’s notice of voluntary dismissal filed on September

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26, 2011.

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IT IS SO ORDERED.

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Dated:
b9ed48

September 29, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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