Fisher v. Director of OPS of CDCR

Filing 38

ORDER Regarding 37 Plaintiff's Request for Voluntary Dismissal, signed by Magistrate Judge Barbara A. McAuliffe on 12/19/2014. Signed Notice of Voluntary Dismissal due within fourteen (14) days. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 GARY FRANCIS FISHER, 10 11 12 Plaintiff, v. DIRECTOR OF OPS OF CDCR, 13 Defendant. 14 15 ) ) ) ) ) ) ) ) ) ) 1:14-cv-00901-BAM (PC) ORDER REGARDING PLAINTIFF’S REQUEST FOR VOLUNTARY DISMISSAL (ECF No. 37) Plaintiff Gary Francis Fisher, also known as Gary Dale Barger, (“Plaintiff”) is a state 16 prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 17 § 1983. Plaintiff initiated this action on June 20, 2013. The matter was transferred to this Court 18 on June 10, 2014. Plaintiff consented to the jurisdiction of the Magistrate Judge. (ECF No. 29.) 19 On December 18, 2014, Plaintiff filed a notice of voluntary dismissal of this action 20 pursuant to Federal Rule of Civil Procedure 41(a). However, the document is not signed. 21 Unsigned filings cannot be considered by the Court. Fed. R. Civ. P. 11(a); Local Rule 131(b). 22 Accordingly, if Plaintiff wishes to dismiss this action he must file a signed notice of voluntary 23 dismissal within fourteen (14) days following service of this order. 24 IT IS SO ORDERED. 25 Dated: /s/ Barbara December 19, 2014 26 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 1

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