Harris v. Harrington et al

Filing 30

ORDER DISMISSING Action Based on Plaintiff's Notice of Voluntary Dismissal 29 , signed by Chief Judge Anthony W. Ishii on 5/12/11: The Clerk of the Court is DIRECTED to close this case in light of Plaintiff's Rule 41(a)(1) dismissal. (CASE CLOSED) (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DARREN HARRIS,

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CASE NO. 1:10-cv-01215-AWI-SMS
Plaintiff,

ORDER DISMISSING ACTION BASED ON
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL

v.
K. HARRINGTON, et al.,

(ECF No. 29)

Defendants.
/

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Plaintiff Darren Harris (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by

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filing a motion for a temporary restraining order and preliminary injunction on July 6, 2010. A

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complaint was filed on July 9, 2010. On July 23, 2010, Plaintiff filed a motion to supplement the

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complaint and addendums and declarations were filed on July 26, 28, and August 9, 2010, and

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January 21, 24, and 28, 2011. On February 2, 2011, an order was issued informing Plaintiff that he

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could not submit his complaint piecemeal and giving him thirty days to file an amended complaint.

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On May 5, 2011, Plaintiff filed a notice of voluntary dismissal of this action. While not

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stated by Plaintiff, the court assumes Plaintiff’s motion is brought pursuant to Rule 41(a) of the

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Federal Rules of Civil Procedure.

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Rule 41(a)(1) provides that “an action may be dismissed by the plaintiff without order of

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court . . . by filing a notice of dismissal at any time before service by the adverse party of an answer

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or of a motion for summary judgment, whichever first occurs . . . .” Because Plaintiff has filed a

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notice of dismissal and no defendant has filed an answer or motion for summary judgment, this case
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has terminated. See Fed. R. Civ. Pro. 41(a)(1).
Therefore, IT IS HEREBY ORDERED that this action is DISMISSED and the Clerk of the

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Court is DIRECTED to close this case in light of Plaintiff’s Rule 41(a)(1) dismissal.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 12, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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