Crayon v. Miller, et al.

Filing 9

ORDER DISMISSING CASE signed by District Judge Anthony W. Ishii on 3/26/2013. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES E. CRAYON,

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Plaintiff,
vs.
T. MILLER, et al.,
Defendants.

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1:13cv00273 AWI DLB PC
ORDER DIRECTING CLERK OF
COURT TO CLOSE THIS ACTION
PURSUANT TO PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL
(Document 5)

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Plaintiff Charles E. Crayon (“Plaintiff”) is a prisoner proceeding pro se in this civil rights
action filed on February 25, 2013.
On March 22, 2013, Plaintiff filed a motion to dismiss this action. He states that he
received his property and no longer wishes to pursue this action. The Court construes this as a
request for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).
At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims,

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without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049
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(9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court
no longer has jurisdiction over the claims. Id.
Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to
Plaintiff’s notice of voluntary dismissal filed on March 22, 2013.
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IT IS SO ORDERED.

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Dated: March 26, 2013

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SENIOR DISTRICT JUDGE
DEAC_Signature-END:

0m8i788

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