Johnson v. Cate et al
Filing
4
ORDER DISMISSING CASE PURSUANT TOPLAINTIFFS 3 MOTION FOR VOLUNTARYDISMISSAL, AND REFUND $350.00 FILINGFEE TO PLAINTIFF ON GROUND THAT ADUPLICATIVE ACTION IS PENDING, Signed by Magistrate Judge Sandra M. Snyder on 6/29/2010. CASE CLOSED.(Marrujo, C)
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(PC) Johnson v. Cate et al
Doc. 4
1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 On June 11, 2010, Plaintiff Garrison Johnson, a state prisoner proceeding pro se, filed this 16 civil rights action pursuant to 42 U.S.C. § 1983 and paid the $350.00 filing fee in full. On June 24, 17 2010, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 18 41(a)(1)(i), and requested the return of the filing fee on the ground that this action is duplicative of 19 case number 1:10-cv-00803-AWI-MJS PC Johnson v. Cate, et al. 20 At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, without 21 prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 22 2001). The filing of the notice itself has the effect of closing the action, and the Court no longer has 23 jurisdiction over the claims. Id. 24 Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to 25 Plaintiff's notice of voluntary dismissal filed on June 24, 2010. The Court has compared the 26 complaints in the two cases and because the actions are duplicative of one another and Plaintiff paid 27 /// 28 1
Dockets.Justia.com
UNITED STATES DISTRICT COURT
GARRISON JOHNSON, Plaintiff, v. MATTHEW CATE, et al., Defendants.
CASE NO. 1:10-cv-01052-SMS PC ORDER DIRECTING CLERK'S OFFICE TO DISMISS ACTION PURSUANT TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL, AND REFUND $350.00 FILING FEE TO PLAINTIFF ON GROUND THAT A DUPLICATIVE ACTION IS PENDING (Doc. 3) /
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the $350.00 filing fee in full in both cases, the Clerk's Office is DIRECTED to return the $350.00 filing fee to Plaintiff.
IT IS SO ORDERED. Dated: icido3 June 29, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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