Arceo v. State of California, et al.
Filing
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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
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