Barger v. Etcheberry et al

Filing 8

ORDER GRANTING Plaintiff's 7 Request for Voluntary Dismissal; ORDER DIRECTING Clerk of Court to Close Case and Adjust Docket to Reflect Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 3/8/2013. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY DALE BARGER,

CASE NO. 1:12-cv-01644-BAM PC

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Plaintiff,
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ORDER GRANTING PLAINTIFF’S REQUEST
FOR VOLUNTARY DISMISSAL (ECF No. 7)

v.
LOIS P. ETCHEBERRY, et al.,

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ORDER DIRECTING CLERK OF COURT TO
CLOSE CASE AND ADJUST DOCKET TO
REFLECT VOLUNTARY DISMISSAL

Defendants.
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Plaintiff Gary Dale Barger (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on October

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5, 2012. (ECF No. 1.) On March 7, 2013, Plaintiff moved to dismiss this action.

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“[U]nder Rule 41(a)(1)(i), a plaintiff has an absolute right to voluntarily dismiss his action

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prior to service by the defendant of an answer or a motion for summary judgment.” Commercial

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Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quotation and

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citation omitted). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is

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required, the parties are left as though no action had been brought, the defendant can’t complain, and

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the district court lacks jurisdiction to do anything about it.” Id. at 1078. This action is currently in

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the screening phase and no defendant has filed an answer or other responsive pleading.

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Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case

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and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). All pending

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motions are terminated.

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IT IS SO ORDERED.
Dated:
10c20k

March 8, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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