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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES PAYNE,

CASE NO. 1:13-cv-1799-MJS (PC)

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Plaintiff,

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v.

VOLUNTARY DISMISSAL OF ACTION
(ECF NO. 15)

AUDREY KING, et al.,

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. On April 16, 2015, Plaintiff filed a

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notice to withdraw his complaint and have his case dismissed without prejudice. (ECF

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No. 12.)

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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. Plaintiff’s April 16, 2015

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notice is sufficient under Rule 41.

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Accordingly, this action is hereby DISMISSED without prejudice. The Clerk shall
terminate all pending motions and CLOSE this case.

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IT IS SO ORDERED.

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Dated:

April 17, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE