Flores v. Gibson

Filing 10

ORDER DIRECTING Clerk of Court to CLOSE this CASE Pursuant to Plaintiff's 9 Request for Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 12/16/2013. 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 MANUEL FLORES,

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Plaintiff,

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v.

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CONNIE GIBSON, et al.,

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Defendant.

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Case No.: 1:13-cv-01608-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
CLOSE THIS CASE PURSUANT TO
PLAINTIFF’S REQUEST FOR VOLUNTARY
DISMISSAL
[ECF No. 9]

Plaintiff Carlos Manuel Flores is appearing pro se in this civil rights action pursuant to 42

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U.S.C. § 1983, filed on October 7, 2013. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the

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jurisdiction of the United States Magistrate Judge on October 21, 2013. Local Rule 302.
On December 16, 2013, Plaintiff Carlos Manuel Flores filed a motion to dismiss the complaint.

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The court construes Plaintiff’s notice as a notice of voluntary dismissal pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A). 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 F.3d

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

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Court no longer has jurisdiction over the claims. Id.

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Accordingly,

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IT IS HEREBY ORDERED that the Clerk of the Court is HEREBY DIRECTED to close this

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file pursuant to Plaintiff’s notice of voluntary dismissal filed on December 16, 2013.

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IT IS SO ORDERED.
Dated:

December 16, 2013
UNITED STATES MAGISTRATE JUDGE

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