Lear v. Leftler, et al.

Filing 8

ORDER directing Plaintiff to clarify re Dismissal, 7 Letter signed by Magistrate Judge Michael J. Seng on 6/19/2013. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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12 RODERICK LEAR,

CASE No. 1:13-cv-00882-MJS (PC)

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Plaintiff,
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ORDER DIRECTING PLAINTIFF TO
CLARIFY RE DISMISSAL

v.
(ECF No. 7)

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16 MICHELLE LEFTLER, et al.,
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Defendants.
18 ________________________________/
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Plaintiff Roderick Lear, a state prisoner proceeding pro se and in forma

20 pauperis filed this civil rights action on June 12, 2013 pursuant to 42 U.S.C. § 1983.
21 (ECF No. 1.) The Complaint has not yet been screened by the Court.
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Plaintiff filed a letter with the Court (ECF No. 7) which appears to seek legal

23 direction regarding voluntarily dismissal of the action. The Court cannot provide Plaintiff
24 with legal advice.
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Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff may dismiss an action without a

26 court order by filing a notice of dismissal.
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Plaintiff’s letter to the Court (ECF No. 7) is equivocal. The Court requires clarity

28 as to whether Plaintiff actually wishes to voluntarily dismiss his action.
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If Plaintiff wishes to dismiss the action, he is directed to file a notice of dismissal

2 clearly stating his intention to do so. Absent such notice, the action shall remain
3 pending.
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5 IT IS SO ORDERED.
6 Dated:
ci4d6
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June 19, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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