Calihan v. Gonzales
ORDER Directing Clerk of the Court to Close this Case Pursuant to Plaintiff's Notice of Voluntary Dismissal, signed by District Judge Anthony W. Ishii on 12/16/14. CASE CLOSED. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
KENNETH R. CALIHAN,
Case No. 1:14-cv-00713-AWI-DLB PC
ORDER DIRECTING CLERK OF THE
COURT TO CLOSE THIS CASE PURSUANT
TO PLAINTIFF’S NOTICE
OF VOLUNTARY DISMISSAL
Plaintiff Kenneth R. Calihan (“Plaintiff”), a state prisoner proceeding pro se and in forma
pauperis, filed this civil rights action on May 13, 2014.
On December 4, 2014, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule
of Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to
dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267
F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action,
and the Court no longer has jurisdiction over the claims. Id.
Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to
Plaintiff’s notice of voluntary dismissal filed on December 4, 2014.
IT IS SO ORDERED.
Dated: December 16, 2014
SENIOR DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?