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)

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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

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