Cabrera v. Maddock et al

Filing 38

ORDER DISMISSING CASE Without Prejudice, Pursuant to 37 Plaintiff's Voluntary Dismissal of Action signed by District Judge Lawrence J. O'Neill on 4/21/2016. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELVIN JOHN CABRERA,

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Plaintiff,

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v.

VOLUNTARY DISMISSAL OF ACTION
(ECF No. 37)

THOMAS M. MADDOCK, et al,

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CASE NO. 1:10-cv-00611-LJO-MJS (PC)

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. On April 21, 2016, Plaintiff filed a

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notice of intent to dismiss action. (ECF No. 37.)

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Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an

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action without a court order by filing a notice of dismissal before the opposing party

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serves either an answer or a motion for summary judgment. Plaintiff’s April 21, 2016

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notice is sufficient under Rule 41.

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Accordingly, this action is DISMISSED without prejudice.

The Clerk shall

terminate all pending motions and CLOSE this case.
IT IS SO ORDERED.

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Dated:

April 21, 2016

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