Taylor v. Cate et al

Filing 15

ORDER Directing Clerk of the Court to Close Action pursuant to Plaintiff's Notice of Voluntary Dismissal 14 , signed by District Judge Lawrence J. O'Neill on 8/24/12. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRACY TAYLOR,

CASE NO: 1:11-cv-01957-LJO-GBC (PC)

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Plaintiff,
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v.
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ORDER DIRECTING CLERK OF THE COURT
TO CLOSE ACTION PURSUANT TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL

MATTHEW CATE, et al.,
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Doc. 14
Defendants.

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/ ALL PENDING MOTIONS ARE MOOT

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On November 28, 2011, Plaintiff Tracy Taylor (“Plaintiff”), a state prisoner proceeding pro

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se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983, alleging failure

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to provide orthopedic boots from the vendor of Plaintiff’s choice and denial of orthotics and

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orthopedic slippers on the grounds that medical staff has not established medical necessity. Compl.

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at 5-6, 8, Doc. 1.

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On August 22, 2012, Plaintiff filed a notice of voluntary dismissal of this action pursuant to

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Federal Rule of Civil Procedure 41(a)(1)(A). An action may be dismissed by a stipulation of

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dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(ii). Plaintiff is the

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only party to appear in this action. Pursuant to this notice, the Court HEREBY ORDERS the Clerk

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of Court to close this action. This dismissal is without prejudice.

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Furthermore, it is HEREBY ORDERED that all pending motions are moot.

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IT IS SO ORDERED.

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Dated:
b9ed48

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August 24, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE