Naylor v. Allenby et al

Filing 47

ORDER GRANTING Voluntary Dismissal with Prejudice; Clerk to Terminate all Pending Motions and Close Case, signed by District Judge Lawrence J. O'Neill on 12/18/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROY MITCHELL NAYLOR,

CASE NO. 1:11-cv-01649-LJO-MJS (PC)

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Plaintiff,

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ORDER GRANTING VOLUNTARY
DISMISSAL WITH PREJUDICE

v.
(ECF No. 44)
CLIFF ALLENBY, et al.,
Defendants.

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

Plaintiff is a civil detainee who is being held at Coalinga State Hospital. He is
proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. §
1983. (ECF Nos. 1 & 5.)
On November 2, 2015, Plaintiff filed a notice of voluntary dismissal. (ECF No.

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44.) It appears from Plaintiff’s motion that he seeks dismissal with prejudice. Plaintiff

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states that he “realizes that the subject matter can never be re-opened and forfeits any

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future legal action in this matter.” (ECF No. 44 at 2.)
Because Defendant Duvall had already appeared in the action and filed an

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answer, the Court ordered Defendant to respond to Plaintiff’s motion. (ECF No. 45.) On

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December 17, 2015, Defendant Duvall responded that he does not object to Plaintiff’s

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motion for voluntary dismissal. (ECF No. 46.)

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The Court may dismiss an action under Federal Rule of Civil Procedure 41(a)(2)
at a plaintiff’s request. Plaintiff acknowledges that the dismissal will be with prejudice,
and Defendant does not object.
Accordingly, this action is hereby DISMISSED with prejudice. The Clerk shall
terminate all pending motions and CLOSE this case.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

December 18, 2015

UNITED STATES DISTRICT JUDGE

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