Enrique Diaz v. Coles et al

Filing 12

ORDER On Plaintiff's Request For Voluntary DISMISSAL (Document 11 ), signed by District Judge Anthony W. Ishii on 5/4/2015. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ENRIQUE DIAZ,

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ORDER ON PLAINTIFF’S REQUEST FOR
VOLUNTARY DISMISSAL

Plaintiff,

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Case No. 1:14-cv-00833 AWI DLB

v.
(Document 11)
R. COLES, et al.,
Defendants.
_____________________________________/
Plaintiff Enrique Diaz (“Plaintiff”) is a California state prison inmate proceeding pro se

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and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this
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action on June 2, 2014. On March 31, 2015, the Court dismissed Plaintiff’s First Amended

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Complaint with leave to amend. He has not yet filed an amended complaint.
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On April 30, 2015, Plaintiff filed a request to withdraw this action due to a failure to
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exhaust. At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims
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without prejudice and without court order. Duke Energy Trading and Marketing, L.L.C. v. Davis,
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267 F.3d 1042, 1049 (9th Cir. 2001); Fed. R. Civ. Proc. 41(a)(1)(i). The Court views Plaintiff’s

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request as a voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i). Pursuant to
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Plaintiff’s requested dismissal, this case has terminated. See id.

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Accordingly, the Clerk of Court is HEREBY DIRECTED to CLOSE this matter pursuant
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to Plaintiff’s requested voluntary dismissal without prejudice filed on April 30, 2015.

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Dated: May 4, 2015
SENIOR DISTRICT JUDGE