Wiseman v. Cate et al

Filing 11

ORDER Directing Clerk Of The Court To Close This Case Pursuant To Plaintiff's Notice Of Voluntary Dismissal (ECF No. 10 ), signed by Magistrate Judge Michael J. Seng on 10/24/2014. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHESTER RAY WISEMAN,

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Plaintiff,
v.

CASE No. 1:13-cv-01951-MJS
ORDER DIRECTING CLERK OF THE
COURT
TO
CLOSE
THIS
CASE
PURSUANT TO PLAINTIFF’S NOTICE OF
VOLUNTARY DISMISSAL

MATTHEW CATE, et al.,
(ECF No. 10)

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Defendants.

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On October 22, 2014, Plaintiff Chester Ray Wiseman filed a motion seeking

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dismissal of this action without prejudice.

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proceedings, Plaintiff has the absolute right to dismiss his claims without prejudice

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Duke Energy Trading and

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Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice

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itself has the effect of closing the action, and the Court no longer has jurisdiction over

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the claims. Id.

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(ECF No. 10.)

At this stage in the

Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file
pursuant to Plaintiff’s motion seeking voluntary dismissal filed on October 22, 2014.

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IT IS SO ORDERED.
Dated:

October 24, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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