Lawrie v. State of California et al
ORDER Vacating Order to Pay Inmate Filing Fee from Trust Account and Directing Clerk of the Court to Dismiss the Case Pursuant to Plaintitff's Request signed by Judge Oliver W. Wanger on 04/04/2011. CASE CLOSED.(Flores, E)
-SKO Lawrie v. State of California et al
1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 / 17 18 19 20 21 22 23 24 25 26 27 28
UNITED STATES DISTRICT COURT
MATTHEW ALAN LAWRIE, Plaintiff, v.
CASE NO. 1:11-cv-00472-OWW-SKO ORDER VACATING ORDER TO PAY INMATE FILING FEE FROM TRUST ACCOUNT AND DIRECTING CLERK OF THE COURT TO DISMISS THE CASE PURSUANT TO PLAINTIFF'S REQUEST (Docs. 4, 6)
Plaintiff Matthew Alan Lawrie filed the instant action on March 21, 2011, asserting a claim under 42 U.S.C. § 1983. On March 29, 2011, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(i). (Doc. 6.) 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 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court no longer has jurisdiction over the claims. Id. Further, the Court's order granting Plaintiff in forma pauperis status and requiring payment from Plaintiff's California Department of Corrections trust account for the filing fee is VACATED. (See Docs. 4, 6.)1
To be clear, this order is not directing that Plaintiff be refunded any portion of a filing fee.
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Accordingly, the Clerk of the Court is HEREBY DIRECTED to: 1. Serve a copy of this order on the California Department of Corrections and the Financial Division of the U.S. District Court, Eastern District of California; and 2. Close this file pursuant to Plaintiff's notice of voluntary dismissal filed on March 29, 2011.
IT IS SO ORDERED. Dated: April 4, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE
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