Klein v. King et al

Filing 14

Voluntary Dismissal of Action and ORDER re 13 ; Clerk to Terminate All Pending Motions and Close Case, signed by Magistrate Judge Michael J. Seng on 03/09/15. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

AARON KLEIN,

10
11
12

CASE NO. 1:14-cv-01440-MJS (PC)
Plaintiff,

v.

(ECF NO. 13)

AUDREY KING, et al.,

13

VOLUNTARY DISMISSAL OF ACTION

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

Defendants.

14
15

Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

16

rights action brought pursuant to 42 U.S.C. § 1983. On February 19, 2015, Plaintiff filed

17

a Notice of Withdrawal of Civil Rights Complaint. (ECF No. 13.)

18

Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an

19

action without a court order by filing a notice of dismissal before the opposing party

20

serves either an answer or a motion for summary judgment. Plaintiff’s February 19, 2015

21

notice is sufficient under Rule 41.

22
23

Accordingly, this action is hereby DISMISSED without prejudice. The Clerk shall
terminate all pending motions and CLOSE this case.

24
IT IS SO ORDERED.
25
26
27
28

Dated:

March 9, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE