Lewis v. Corcoran State Prison Facualty Food Services Department

Filing 17

ORDER Directing Clerk of the Court to Close this Case Pursuant to Plaintiff's Notice of Voluntary Dismissal signed by Magistrate Judge Dennis L. Beck on 01/08/2013. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY LEWIS,

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Plaintiff,

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vs.
J. JASSO, et al.,

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Defendants.

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1:11cv00369 AWI DLB PC
ORDER DIRECTING CLERK OF THE
COURT TO CLOSE THIS CASE
PURSUANT TO PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL
(Document 15)

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On September 19, 2011, Plaintiff filed a Second Amended Complaint pursuant to the

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Court’s prior screening order. However, Plaintiff does not allege any facts or causes of action

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and instead requests to “withdraw his claim” because he cannot state an adequate claim. The

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Court construes this as a notice of voluntary dismissal pursuant to Federal Rule of Civil
Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to dismiss
his claims, without prejudice. 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 itself has the effect of closing the action, and
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the Court no longer has jurisdiction over the claims. Id.
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Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to
Plaintiff’s notice of voluntary dismissal filed on September 19, 2011.

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IT IS SO ORDERED.

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Dated:
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/s/ Dennis

January 8, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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