Fratus v. California Department of Corrections, et al.

Filing 11

ORDER Granting 10 Motion to Reopen Case signed by District Judge Lawrence J. O'Neill on 10/22/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN FRATUS,

CASE NO. 1:12-cv-00906-LJO-SKO PC

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Plaintiff,

ORDER GRANTING MOTION TO REOPEN
CASE

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v.
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10

(Doc. 10)
CALIFORNIA DEPT. OF
CORRECTIONS, et al.,

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Defendants.
/

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Plaintiff John Fratus, a state prisoner proceeding pro se and in forma pauperis, filed this civil

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rights action pursuant to 42 U.S.C. § 1983 on June 4, 2012. This action was closed on September

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11, 2012, pursuant to Plaintiff’s notice of voluntary dismissal. Fed. R. Civ. P. 41(a)(1)(A). On

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October 18, 2012, Plaintiff filed a motion to reopen the case. Fed. R. Civ. P. 60(b)(6).

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In as much as Plaintiff filed his motion to reopen the case shortly after dismissing it and there

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is no prejudice to the defendants, Plaintiff’s motion to reopen the case is HEREBY GRANTED and

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the Clerk of the Court is DIRECTED to reopen this action.1

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IT IS SO ORDERED.

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Dated:
b9ed48

October 22, 2012

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

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Plaintiff is warned that he may only voluntary dismiss an action without prejudice once; if he again files a
notice of voluntarily dismissal in this action, the “notice of dismissal operates as an adjudication on the merits.” Fed.
R. Civ. P. 41(a)(1)(B).

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