Cortinas v. Lockwood et al

Filing 46

ORDER DIRECTING CLERK of the Court to Close this Case pursuant to Plaintiff's Notice of Voluntary Dismissal without prejudice, signed by District Judge Lawrence J. O'Neill on 03/16/2015. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY CORTINAS,
Plaintiff,

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v.

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ORDER DIRECTING CLERK OF THE
COURT TO CLOSE THIS CASE
PURSUANT TO PLAINTIFF=S NOTICE OF
VOLUNTARY DISMISSAL

TIMOTHY LOCKWOOD, et al.,

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Case No. 1:10-cv-02270 LJO DLB PC

Defendants.
_____________________________________/

[ECF No. 44]
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Plaintiff Larry William Cortinas is a California state prisoner proceeding pro se and in

17 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff filed his

18 complaint on December 7, 2010.
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On March 5, 2015, Plaintiff filed a request to voluntarily dismiss the action without

20 prejudice. In this case, Defendant has already filed an answer in this action. Therefore, pursuant
21 to Federal Rule of Civil Procedure 41(a)(2), Plaintiff may request that the action be dismissed by
22 court order, and dismissal lies within the sound discretion of the court. Hamilton v. Firestone Tire
23 and Rubber Co., Inc., 679 F.2d 143, 145 (9th Cir. 1982). Defendant filed a notice of non24 opposition on March 13, 2015. In light of the foregoing, the Court finds it to be in the interest of
25 justice that Plaintiff’s request be granted.
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Accordingly, IT IS HEREBY ORDERED:

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1) Plaintiff’s request to dismiss the action is GRANTED;

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2) The complaint is DISMISSED without prejudice; and

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3) The Clerk of the Court is DIRECTED to terminate this action and close this file.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 16, 2015

UNITED STATES DISTRICT JUDGE
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