Flores v. Gibson

Filing 8

ORDER DIRECTING Clerk of Court to CLOSE this Action Pursuant to Plaintiff's 7 Notice of Voluntary Dismissal signed by Magistrate Judge Dennis L. Beck on 12/17/2013. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS M. FLORES,

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Plaintiff,

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vs.
CONNIE GIPSON,

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Defendant.

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1:13cv01447 DLB PC
ORDER DIRECTING CLERK OF THE
COURT TO CLOSE THIS ACTION
PURSUANT TO PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL
(Document 7)

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Plaintiff Carlos M. Flores (“Plaintiff”) is a prisoner proceeding pro se in this civil rights

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action filed on September 10, 2013.1

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On December 16, 2013, Plaintiff filed a notice of voluntary dismissal pursuant to Federal
Rule of Civil Procedure 41(a)(1)(A)(i). Plaintiff requests that this action be withdrawn and
dismissed.

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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.

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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on September 16, 2013.
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Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to
Plaintiff’s notice of voluntary dismissal filed on December 16, 2013.

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

December 17, 2013

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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L. Beck

9b0hied

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