Houis vs. Parker, et al.

Filing 11

ORDER GRANTING 10 Motion to Dismiss, WITHOUT PREJUDICE, signed by Magistrate Judge Gary S. Austin on 09/26/2012. CASE CLOSED (Martin-Gill, S)

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1 2 3 IN THE UNITED STATES DISTRICT COURT FOR THE 4 EASTERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 JEREMY HOLLIS, ) ) Plaintiff, ) ) v. ) ) DR. PARKER, et al., ) ) Defendants. ) ____________________________________) 1:10-cv-01804 GSA PC ORDER DISMISSING ACTION ON PLAINTIFF’S MOTION (ECF No. 10) 11 12 Plaintiff is a state prisoner proceeding pro se in this civil rights action. Plaintiff has 13 consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c). 14 Plaintiff has filed a motion to voluntarily dismiss this action. Plaintiff indicates that at 15 the time this action was filed, he had not fully exhausted his available administrative remedies. 16 Plaintiff indicates that he has now properly exhausted his claims. 17 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff may dismiss this 18 action on his own motion so long as a responsive pleading has not been filed. No answer has 19 been filed, and no appearance has been entered by any defendant. Plaintiff’s motion should 20 therefore be granted. 21 Accordingly, IT IS HEREBY ORDERED that this action is dismissed, without prejudice, 22 on Plaintiff’s motion. The Clerk is directed to close this case. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: 6i0kij September 26, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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