Huskey v. Coalinga State Hospital et al

Filing 15

Voluntary DISMISSAL Of Action (ECF No. 14 ), Clerk To Terminate All Pending Motions And Close Case, ORDER, signed by Magistrate Judge Michael J. Seng on 3/30/2015. CASE CLOSED.(Fahrney, E)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 KENNETH R. HUSKEY, CASE NO. 1:13-cv-01708-MJS (PC) 9 Plaintiff, 10 11 12 v. VOLUNTARY DISMISSAL OF ACTION (ECF NO. 14) AUDREY KING, et al., CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE Defendants. 13 14 Plaintiff is a civil detainee at Coalinga State Hospital proceeding pro se and in 15 forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 4.) 16 On March 27, 2015, Plaintiff filed a Motion to Withdraw Petition. (ECF No. 14.) 17 Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an 18 action without a court order by filing a notice of dismissal before the opposing party 19 serves either an answer or a motion for summary judgment. Plaintiff’s March 27, 2015 20 notice is sufficient under Rule 41. 21 22 Accordingly, this action is hereby DISMISSED without prejudice. The Clerk shall terminate all pending motions and CLOSE this case. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: March 30, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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