McKenzie v. Banuelos et al

Filing 13

VOLUNTARY DISMISSAL of ACTION, signed by Magistrate Judge Michael J. Seng on 2/27/2015. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GUSTAVO MCKENZIE, 10 11 12 Plaintiff, v. VOLUNTARY DISMISSAL OF ACTION (ECF NO. 12) E. BANUELOS, et al., 13 CASE NO. 1:13-cv-01258-MJS (PC) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE Defendants. 14 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action brought pursuant to 42 U.S.C. § 1983. On February 23, 2015, Plaintiff filed 17 a Motion for Voluntary Dismissal. (ECF No. 12.) 18 Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an 19 action without a court order by filing a notice of dismissal before the opposing party 20 serves either an answer or a motion for summary judgment. Plaintiff’s February 23, 21 2015 notice is sufficient under Rule 41. 22 23 Accordingly, this action is hereby DISMISSED without prejudice. The Clerk shall terminate all pending motions and CLOSE this case. 24 IT IS SO ORDERED. 25 26 27 28 Dated: February 27, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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