Haney v. Aguirre

Filing 19

ORDER Granting Plaintiff's 18 Request for Voluntary Dismissal; ORDER Directing Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal signed by District Judge Lawrence J. O'Neill on 05/18/2011. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BRUCE PATRICK HANEY,

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CASE NO. 1:10-cv-01841-LJO-SMS PC

Plaintiff,

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ORDER GRANTING PLAINTIFF’S REQUEST
FOR VOLUNTARY DISMISSAL

v.
(ECF No. 18)

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R. AGUIRRE,

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ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE AND ADJUST DOCKET TO
REFLECT VOLUNTARY DISMISSAL

Defendant.

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Plaintiff Bruce Patrick Haney (“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. This action was filed on October

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6, 2010. On May 17, 2011, Plaintiff filed a motion requesting to withdraw his complaint and

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proceed in State Court. (ECF No. 18.)

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“[U]nder Rule 41(a)(1)(I), ‘a plaintiff has an absolute right to voluntarily dismiss his action

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prior to service by the defendant of an answer or a motion for summary judgment.’” Commercial

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Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v.

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City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under Rule 41(a)(1) is effective

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on filing, no court order is required, the parties are left as though no action had been brought, the

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defendant can’t complain, and the district court lacks jurisdiction to do anything about it.” Id. at

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1078. No defendant has filed an answer or other responsive pleading.

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Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case

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and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a) and all

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pending motions are terminated.

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IT IS SO ORDERED.

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Dated:
b9ed48

May 18, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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