Stewart v. Bright, et al.

Filing 16

ORDER CONSTRUING 15 Request for Dismissal (per) 1819 Constructive Notice to Address and Reply to my Issue(s) with an Expedited Reply as a Voluntary Motion to Dismiss; ORDER GRANTING Plaintiff's Voluntary Motion to Dismiss signed by Magistrate Judge Jennifer L. Thurston on 5/21/2013. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM STEWART,

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Plaintiff,

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v.
DR. BRIGHT, et al.,
Defendants.

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Case No.: 1:11-cv-01814 - JLT (PC)
ORDER CONSTRUING REQUEST FOR
DISMISSAL (PER) 1819 CONSTRUCTIVE
NOTICE TO ADDRESS AND REPLY TO MY
ISSUE(S) WITH AN EXPEDITED REPLY AS A
VOLUNTARY MOTION TO DISMISS
ORDER GRANTING PLAINTIFF’S VOLUNTARY
MOTION TO DISMISS
(Doc. 15).

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Plaintiff William L. Stewart, Jr., (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. (Docs. 1, 5). Plaintiff consented to

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proceed before the jurisdiction of the Magistrate Judge April 19, 2013. (Doc. 12). On May 6, 2013,

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the Court dismissed Plaintiff’s complaint (Doc. 1) and granted Plaintiff 21 days in which to file an

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amended complaint. (Doc. 14).

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Plaintiff timely responded to the May 6, 2013, Order on May 17, 2013, by filing a motion

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entitled “Request for Dismissal (Per) 1819 Constructive Notice to Address and Reply to My Issue(s)

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with an Expedite[d] Reply.” (Doc. 15). Plaintiff requests the Court to dismiss the matter without

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prejudice as to all claims and all parties. Id. Therefore, the Court construes this motion as a voluntary

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motion to dismiss.

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A plaintiff is entitled to dismiss his or her litigation without a court order by filing a notice to
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dismiss before any opposing parties appears in the action. Fed. R. Civ. P. 41(1)(A)(i). Plaintiff filed

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this matter on October 31, 2011. (Doc. 1). No defendants have been served. Thus, no defendant has

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appeared in the action and Plaintiff is entitled to dismiss his litigation. Therefore, the Plaintiff’s

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request to voluntarily dismiss his action is GRANTED.

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ORDER

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Accordingly, the Court HEREBY ORDERS that:

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1. Plaintiff’s motion is CONSTRUED as a voluntary motion to dismiss under Fed. R. Civ. P.
41(1);

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2. This action is DISMISSED without prejudice; and
3. The Clerk of the Court is DIRECTED to CLOSE this matter.

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IT IS SO ORDERED.
Dated:

May 21, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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