Minjarez v. Director of the CA Dept of Corrections & Rehabilitation, et al.

Filing 30

ORDER Directing Clerk of Court to Close Action Pursuant to 28 Plaintiff's Motion to Dismiss Action, signed by Magistrate Judge Dennis L. Beck on 8/20/12. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RUDY MINJAREZ,

Case No. 1:10-cv-01560-LJO-DLB PC

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Plaintiff,
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v.
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DIRECTOR OF THE CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION, et al.,

ORDER DIRECTING CLERK OF THE
COURT TO CLOSE ACTION PURUANT
TO PLAINTIFF’S MOTION TO DISMISS
ACTION
(ECF No. 28)

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Defendants.
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Plaintiff Rudy Minjarez (“Plaintiff”) is a prisoner in the custody of the California Department

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of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma pauperis in

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this civil action pursuant to 42 U.S.C. § 1983. Defendants Allen, Barajas, Cortez, Fidler, Gaona, and

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Swetalla have appeared in this action. On August 10, 2012, Plaintiff filed a motion requesting

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dismissal of this action. ECF No. 28. On August 14, 2012, Defendants filed a statement of non-

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opposition.

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The plaintiff may dismiss an action without a court order when the notice is submitted before
the opposing party has served an answer or motion for summary judgment. Fed. R. Civ. P.
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41(a)(1)(A)(i). No answer or motion for summary judgment has been served by Defendants.

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Accordingly, it is HEREBY ORDERED that:
1. The Clerk of the Court is directed to close this action pursuant to Plaintiff’s notice of

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dismissal; and

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2. All other pending motions are denied as moot.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

August 20, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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3b142a

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