Montiel v. Yates, et al.

Filing 74

ORDER DISMISSING ACTION without Prejudice Pursuant to Plaintiff's Notice of Voluntary Dismissal signed by District Judge Lawrence J. O'Neill on 03/06/2015. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE J. MONTIEL,

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Plaintiff,

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vs.
YATES, et al.,

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Defendants.

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1:11cv02145 LJO DLB PC
ORDER DISMISSING ACTION WITHOUT
PREJUDICE PURSUANT TO PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL
(Document 70)

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Plaintiff Jesse J. Montiel, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on December 28, 2011. This action is

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proceeding against Defendants Das and Green violation of the Eighth Amendment.

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Discovery closed on March 4, 2015, and dispositive motions are to be filed by May 4,
2015.
On February 26, 2015, Plaintiff filed a notice of voluntary dismissal. He requests that

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this action be dismissed without prejudice so that it can be refiled at a later date.
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On February 27, 2015, the Court ordered Defendants to inform the Court of their position
regarding Plaintiff’s request. Fed. R. Civ. Proc. 41(a)(2).
On March 5, 2015, Defendants filed a statement of non-opposition to Plaintiff’s request
for dismissal without prejudice.
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Accordingly, the Court GRANTS Plaintiff’s request to dismiss this action. The action is
DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 6, 2015

UNITED STATES DISTRICT JUDGE

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