Harris v. German et al

Filing 9

ORDER DIRECTING Clerk of the Court to Close This Case Pursuant to Plaintiff's Notice of Voluntary Dismissal 7 , signed by District Judge Lawrence J. O'Neill on 3/14/14. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVONTE B. HARRIS,

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Plaintiff,
v.

Case No. 1:13-cv-01585 LJO DLB PC
ORDER DIRECTING CLERK OF THE
COURT TO CLOSE THIS CASE PURSUANT
TO PLAINTIFF’S NOTICE
OF VOLUNTARY DISMISSAL

GERMAN, et al.,
(Document 7)

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Defendants.

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Plaintiff Devonte B. Harris (“Plaintiff”) is a California state prisoner proceeding pro se and

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in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on

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October 2, 2013.

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On March 12, 2014, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to

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dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267

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F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action,

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and the Court no longer has jurisdiction over the claims. Id.

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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 March 12, 2014.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 14, 2014

UNITED STATES DISTRICT JUDGE
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