Payne v. King

Filing 16

Voluntary Dismissal of Action; ORDER, signed by Magistrate Judge Michael J. Seng on 4/17/15. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 JAMES PAYNE, CASE NO. 1:13-cv-1799-MJS (PC) 8 Plaintiff, 9 10 11 v. VOLUNTARY DISMISSAL OF ACTION (ECF NO. 15) AUDREY KING, et al., CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE Defendants. 12 13 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 14 rights action brought pursuant to 42 U.S.C. § 1983. On April 16, 2015, Plaintiff filed a 15 notice to withdraw his complaint and have his case dismissed without prejudice. (ECF 16 No. 12.) 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 April 16, 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 25 IT IS SO ORDERED. 26 27 28 Dated: April 17, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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