Phelps v. Cabrera

Filing 7

ORDER Re Plaintiff's Voluntary Dismissal 6 , signed by District Judge Lawrence J. O'Neill on 8/11/14: This Court DISMISSES without prejudice this entire action. The Clerk of Court is directed to CLOSE THIS CASE. (CASE CLOSED)(Hellings, J)

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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE EASTERN DISTRICT OF CALIFORNIA 5 6 DANIEL PHELPS, Plaintiff, 7 8 9 10 1:14-CV-722-LJO-GSA ORDER RE PLAINTIFF’S VOLUNTARY DISMISSAL (DOC. 6) v. ELIZABETH VAN BIBBER, Defendant. 11 12 13 14 15 16 17 18 On August 7, 2014, Plaintiff Daniel Phelps filed a notice of voluntary dismissal of this matter. Doc. 6 at 1. The Court construes Plaintiff’s dismissal to be brought under Fed. R. Civ. P. 41(a)(1)(A)(i) because Defendant has not filed an answer or a motion for summary judgment. Plaintiff’s dismissal renders moot the pending Findings and Recommendations (Doc. 5). Based on Plaintiff’s notice of voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A)(i), this Court DISMISSES without prejudice this entire action. The Clerk of Court is directed to CLOSE THIS CASE. SO ORDERED 19 Dated: August 11, 2014 20 /s/ Lawrence J. O’Neill United States District Judge 21 22 23 24 25 26 1

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