Barger v. California State Prison, Corcoran et al

Filing 17

ORDER CLOSING CASE re 16 Notice of Voluntary Dismissal signed by Magistrate Judge Michael J. Seng on 2/28/2013. CASE CLOSED. (Jessen, A)

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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-01872-AWI-MJS (PC)

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Plaintiff,

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VOLUNTARY DISMISSAL OF ACTION
(ECF No. 16)

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v.

CLERK SHALL CLOSE CASE

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CALIFORNIA STATE PRISON,
CORCORAN, et al.,

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Defendants.
/

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Plaintiff Gary Dale Barger, a state prisoner proceeding pro se, filed this civil
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rights action on November 15, 2012 pursuant to 42 U.S.C. Section 1983. (ECF No. 1.)
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Plaintiff consented to extend Magistrate Judge jurisdiction to all proceedings and
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for all purposes. (ECF No. 14.)
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Plaintiff's Complaint was dismissed on December 19, 2012, for failure to state a
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claim, but he was given leave to file and amended complaint. (ECF No.4.) Plaintiff filed
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a First Amended Complaint on December 28, 2012. (ECF No. 8.) The Court screened
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the First Amended Complaint and on February 14, 2013 issued Findings and a
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Recommendation that the action be dismissed as frivolous and for failing to state a
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Caim; objection, if any, to Findings and Recommendation were to be filed not later than
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February 22, 2013. (ECF No. 12.)
On February 27, 2013, Plaintiff filed a Notice with the Court voluntarily dismissing

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this action. (ECF No. 16.)
Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff may dismiss an action without a

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court order by filing a notice of dismissal. Plaintiff’s February 27, 2013 Notice is

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sufficient as a notice of dismissal under Rule 41.
Accordingly, pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED

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without prejudice.
The Clerk shall CLOSE this case.

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IT IS SO ORDERED.

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Dated:
ci4d6

February 28, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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