Saffold v. Hartley

Filing 50

ORDER GRANTING 49 Motion for Voluntary Dismissal of Action and ORDER Directing Clerk to Terminate All Pending Motions and Close Case signed by Chief Judge Lawrence J. O'Neill on 4/25/2017. CASE CLOSED. (Jessen, A)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

TONY EUGENE SAFFOLD,

10
11
12
13

Plaintiff,

CASE NO. 1:10-cv-01295-LJO-MJS (PC)
ORDER GRANTING MOTION FOR
VOLUNTARY DISMISSAL OF ACTION

v.
(ECF No. 49)
JAMES HARTLEY, et al.,
Defendants.

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

14
15

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

16

rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff originally filed this case as a

17

petition for writ of habeas corpus on July 21, 2010. (ECF No. 1.) The petition was denied

18

after Respondents answered. (ECF Nos. 20 & 21.) After Plaintiff appealed, the case was

19

remanded for this Court to grant Plaintiff leave to plead his claims as a Section 1983

20

action. (ECF No. 36.) On November 17, 2016, Plaintiff filed his first amended civil rights

21

complaint. (ECF No. 45.) On April 24, 2017, Plaintiff filed a motion seeking to voluntarily

22

dismiss his case pursuant to Federal Rule of Appellate Procedure 42(a), stating that the

23

relief he seeks is now moot as he has been granted parole. (ECF No. 49.)

24

The Court construes this filing as a notice of voluntary dismissal under Federal

25

Rule of Civil Procedure 41(a)(2) (“[A]n action may be dismissed [without prejudice] at the

26

plaintiff's request only by court order, on terms that the court considers proper.”) The

27

Court finds that the circumstances warrant dismissal without prejudice of this action.

28

1
2

Accordingly, Plaintiff’s motion is GRANTED. this action is hereby DISMISSED
without prejudice. The Clerk shall terminate all pending motions and CLOSE this case.

3
4
5

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

April 25, 2017

UNITED STATES CHIEF DISTRICT JUDGE
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2