Duran v. City of Porterville et al

Filing 57

ORDER re Plaintiff's Voluntary Dismissal 56 , signed by District Judge Lawrence J. O'Neill on 5/6/15. CASE CLOSED. (Marrujo, C)

1
2
3

UNITED STATES DISTRICT COURT

4

FOR THE EASTERN DISTRICT OF CALIFORNIA

5
6

JOHN DURAN,

1:12-cv-1239-LJO-BAM
Plaintiff,

7
v.

8
9

ORDER RE PLAINTIFF’S
VOLUNTARY DISMISSAL (DOC. 56)

CITY OF PORTERVILE, et al.,
Defendants.

10
11
12

On May 6, 2015, Plaintiff filed a notice of voluntary dismissal of this matter under Fed. R. Civ.
13
P. 41. Doc. 56 at 1. This request will be construed as one for voluntary dismissal under Fed. R. Civ. P.
14
41(a)(2) because Defendant already has filed an answer and a motion for summary judgment. Plaintiff
15
requests that the Court issue an order dismissing their complaint in its entirety with prejudice. Id.
16
Based on Plaintiff’s notice of voluntary dismissal under Fed. R. Civ. P. 41(a)(2), this Court:
17
1.

DISMISSES with prejudice this entire action and all claims;

2.

VACATES all pending matters and dates; and

3.

DIRECTS the clerk to close this action.

18
19
20
21
IT IS SO ORDERED.
22
23

Dated:

/s/ Lawrence J. O’Neill

May 6, 2015

UNITED STATES DISTRICT JUDGE

24
25
26
1