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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO MCKENZIE,

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Plaintiff,
v.

VOLUNTARY DISMISSAL OF ACTION
(ECF NO. 12)

E. BANUELOS, et al.,

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CASE NO. 1:13-cv-01258-MJS (PC)

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. On February 23, 2015, Plaintiff filed

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a Motion for Voluntary Dismissal. (ECF No. 12.)

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Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an

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action without a court order by filing a notice of dismissal before the opposing party

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serves either an answer or a motion for summary judgment. Plaintiff’s February 23,

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2015 notice is sufficient under Rule 41.

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Accordingly, this action is hereby DISMISSED without prejudice. The Clerk shall
terminate all pending motions and CLOSE this case.

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IT IS SO ORDERED.
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Dated:

February 27, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE