Brown v. Gibson et al

Filing 8

Voluntary Dismissal of Action; ORDER signed by Magistrate Judge Michael J. Seng on 12/16/11. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 DARRYL E. BROWN,

1:11-cv-1886-MJS (PC)

Plaintiff,

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VOLUNTARY DISMISSAL OF ACTION
14 v.
15 G. GIBSON, et al.,

(ECF No. 7)

Defendant.

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CLERK SHALL CLOSE CASE
17 ________________________________/
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Plaintiff Darryl E. Brown (“Plaintiff”) is a prisoner proceeding pro se in a civil rights

19 action pursuant to 42 U.S.C. § 1983.
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This action was initiated November 14, 2011. (ECF No. 1.) On the same day,

21 Plaintiff filed a Motion for a Temporary Restraining Order. (ECF No. 3.) Plaintiff later filed
22 a Motionfor leave to amend his Complaint. (ECF No. 6.) Then, on December 8, 2011,
23 Plaintiff filed a “Motion: Requesting Voluntary Dismissal,” asking that his Complaint be
24 voluntarily dismissed. (ECF No. 7.)
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Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff may dismiss an action without a court

26 order by filing a notice of dismissal. Plaintiff’s motion to withdraw is read as a notice of
27 dismissal.
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Accordingly, pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED
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1 without prejudice.
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The Clerk shall CLOSE this case.

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5 IT IS SO ORDERED.
6 Dated:
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December 16, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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