Brown v. Federal Bureau of Prisons

Filing 5

ORDER DISMISSING CASE Pursuant to 4 Voluntary Dismissal signed by Magistrate Judge Michael J. Seng on 12/5/2013. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JEREMY BROWN,

Case No. 1:13-cv-01882-MJS (PC)

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Plaintiff,

VOLUNTARY DISMISSAL OF ACTION

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v.

(ECF No. 4)

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FEDERAL BUREAU OF PRISONS,

CLERK SHALL CLOSE CASE

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Defendant.
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Plaintiff Jeremy Brown proceeds pro se in this civil rights action pursuant to Bivens

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vs. Six Unknown Agents, 403 U.S. 388 (1971). The Court severed Plaintiff’s claims from

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those of fellow inmates and ordered that he file an amended complaint in this action by not

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later than December 26, 2013.1 (ECF No. 2.) No amended complaint has been filed.

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Instead, on December 3, 2013, Plaintiff filed notice (ECF No. 4) that he had no

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knowledge of this matter or of any documents filed with the Court and that he did not intend

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or want to be involved in the suit. He requested the Court take action accordingly.
Under Fed. R. Civ. P. 41(a)(1)(A), a plaintiff may dismiss an action without a court

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order by filing a notice of dismissal. Plaintiff’s December 3, 2013 notice is sufficient as a

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notice of dismissal under Rule 41.

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See Jeremy Pinson, Mikeal Stine, Jeremy Brown v. Federal Bureau of Prisons, E.D. Cal. Case No. 1:13-cv01821-MJS.

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Accordingly, pursuant to Fed. R. Civ. P. 41, this action is hereby DISMISSED

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without prejudice. The Clerk shall CLOSE this case.

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IT IS SO ORDERED.

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Dated:

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December 5, 2013

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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Michael J. Seng

ci4d6

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