Arceo v. State of California, et al.

Filing 10

ORDER Directing the Clerk of Court to Close this Case Pursuant to Plaintiff's Voluntary Dismissal signed by Chief Judge Anthony W. Ishii on 07/11/2011. CASE CLOSED. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY A. ARCEO,
Plaintiff,

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v.

Case No. 1:10-cv-02275-AWI-GBC (PC)
ORDER DIRECTING THE CLERK OF
COURT TO CLOSE THIS CASE
PURSUANT TO PLAINTIFF’S
VOLUNTARY DISMISSAL

STATE OF CALIFORNIA, et al.,
(ECF No. 9)
Defendants.

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_____________________________/

CLERK TO CLOSE CASE

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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42

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U.S.C. § 1983. On July 6, 2011, Plaintiff filed a notice of voluntary dismissal. (ECF No.

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9.) At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims

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without prejudice. See Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d

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1042, 1049 (9th Cir. 2001). The filing of the notice of voluntary dismissal has the effect of

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closing the action, and the Court no longer has jurisdiction over the claims. Id.

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Accordingly, the Clerk of Court is HEREBY ORDERED to close this case pursuant

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to Plaintiff’s notice of voluntary dismissal filed July 6, 2011. All pending motions in this

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action are DISMISSED as moot.

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IT IS SO ORDERED.

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Dated:
0m8i78

July 11, 2011
CHIEF UNITED STATES DISTRICT JUDGE