Cienfuegos v. Gipson et al

Filing 42

ORDER GRANTING 39 Plaintiff's Request to Dismiss Action and Closing Case signed by District Judge Dale A. Drozd on 7/21/2016. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEO CIENFUEGOS,

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Plaintiff,

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v.
PEREZ, et al.,

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No. 1:14-cv-00215-DAD-DLB (PC)
ORDER GRANTING PLAINTIFF’S
REQUEST TO DISMISS ACTION AND
CLOSING CASE
(Doc. Nos. 35 and 39)

Defendants.

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Plaintiff Leo Cienfuegos (“Plaintiff”) is a California state prisoner proceeding pro se in

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this action pursuant to 42 U.S.C. § 1983. Defendants’ March 21, 2016, motion for summary

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judgment is pending. (Doc. No. 35.)
On June 9, 2016, plaintiff filed a request to withdraw this action, stating that he has now

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received the relief he sought. (Doc. No. 39.) Defendants were ordered to inform the court

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whether they objected to a dismissal of this action within ten (10) days, as a dismissal would be

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without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). (Doc. No. 40.)
On June 20, 2016, defendants indicated that they do not object to plaintiff’s dismissal of

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this action. (Doc. No. 41.)

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Accordingly,

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1) Plaintiff’s motion to withdraw from the case (Doc. No. 39), construed as a motion for

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voluntary dismissal, is granted;

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2) This action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure

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41(a)(2);

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3) All pending motions (Doc. No. 35) are denied as moot; and

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4) The Clerk of the Court is directed to close the case.

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IT IS SO ORDERED.
Dated:

July 21, 2016
UNITED STATES DISTRICT JUDGE

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