Omara v. Smith et al

Filing 29

ORDER DIRECTING Clerk of the Court to DISMISS: DEFENDANTS Matthew Cate and J. Clark Kelso pursuant to Plaintiff's NOTICE OF VOLUNTARY DISMISSAL, signed by Magistrate Judge Dennis L. Beck on 10/03/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. OMARA,

CASE NO. 1:11-CV-00812-LJO-DLB PC

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Plaintiff,

ORDER DIRECTING CLERK OF THE
COURT TO DISMISS DEFENDANTS
MATTHEW CATE AND J. CLARK KELSO
PURSUANT TO PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL

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v.
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STEVEN SMITH, et al.,
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Defendants.

(DOC. 14)

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/
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Plaintiff Michael A. Omara (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. The action was removed from Tuolumne

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County Superior Court by Defendant J. Clark Kelso on May 18, 2011. Defendants Matthew

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Cate, Steven Smith, and Jack. St. Clair joined Defendant Kelso’s removal.

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Pending before the Court is Plaintiff’s notice of voluntary dismissal of Defendants J.

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Clark Kelso and Matthew Cate, filed June 8, 2011. Doc. 14. Pursuant to Rule 41(a)(1)(A)(i) of

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the Federal Rules of Civil Procedure, the plaintiff may dismiss an action without court order by

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filing a notice of dismissal before the opposing party serves an answer or a motion for summary

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judgment. See Ethridge v. Harbor House Restaurant, 861 F.2d 1389, 1392 (9th Cir. 1988)

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(noting partial dismissal of all claims against one or more defendants appropriate under Rule 41).
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Accordingly, it is HEREBY ORDERED that the Clerk of the Court is to dismiss

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Defendants J. Clark Kelso and Matthew Cate from this action pursuant to Plaintiff’s notice of

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voluntary dismissal.

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IT IS SO ORDERED.
Dated:
77e0d6

October 3, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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