Fratus v. California Department of Corrections, et al.

Filing 9

ORDER Directing Clerk Of The Court To Close This Case Pursuant To Plaintiff's Notice Of Voluntary Dismissal (Doc. 8 ), signed by District Judge Lawrence J. O'Neill on 9/11/2012. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHN FRATUS,

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Plaintiff,

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CASE NO. 1:12-cv-00906-LJO-SKO PC
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS CASE PURSUANT TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL

v.
CALIFORNIA DEPT. OF
CORRECTIONS, et al.,

(Doc. 8)

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Defendants.
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/

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On September 10, 2012, Plaintiff John Fratus filed a notice of voluntary dismissal pursuant
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to Federal Rule of Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the
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absolute right to dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C.
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v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing
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the action, and the Court no longer has jurisdiction over the claims. Id.
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Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to
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Plaintiff’s notice of voluntary dismissal filed on September 10, 2012.
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IT IS SO ORDERED.
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Dated:
b9ed48

September 11, 2012

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

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