Bowell v. Corcoran State Prison, et al.

Filing 14

VOLUNTARY DISMISSAL of Action with prejudice; Clerk to Terminate all Pending Motions and Close Case, signed by District Judge Lawrence J. O'Neill on 03/03/2015. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES BOWELL,

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Plaintiff,
v.

VOLUNTARY DISMISSAL OF ACTION
(ECF NO. 13)

CORCORAN STATE PRISON, et al.,

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CASE NO. 1:13-cv-01704-LJO-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. No other parties have appeared in

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the action.

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On February 27, 2014, the California Department of Corrections filed in this action

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a stipulation to dismiss with prejudice an unrelated case involving Plaintiff, Bowell v.

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Diaz, No. 11-cv-1350-AWI-MJS. (ECF No. 13.) The stipulation was signed by Plaintiff

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and by counsel for the defendants in Diaz, who are not Defendants in this action.

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Nonetheless, the stipulation “incorporated” this action.

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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. The February 27, 2015

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stipulation is sufficient under Rule 41.

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Accordingly, this action is HEREBY DISMISSED with prejudice. The Clerk shall
terminate all pending motions and CLOSE this case.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 3, 2015

UNITED STATES DISTRICT JUDGE
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