Starrett v. Allenby et al

Filing 16

Voluntary Dismissal of Action; ORDER signed by Magistrate Judge Michael J. Seng on 8/18/15. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MIKE STARRETT,

CASE NO. 1: 14-cv-01498-MJS (PC)

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Plaintiff,

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v.

(ECF NO. 15)

CLIFFORD ALLENBY, et al.,

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

Defendants.

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VOLUNTARY DISMISSAL OF ACTION

Plaintiff is a civil detainee who was previously held at Coalinga State Hospital. He

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is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42

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U.S.C. § 1983. (ECF Nos. 1 & 7.) Plaintiff consented to Magistrate Judge jurisdiction.

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(ECF No. 5.) On August 17, 2015, Plaintiff filed a Notice of Voluntary Dismissal. (ECF

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No. 15.)

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

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

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serves either an answer or a motion for summary judgment. Plaintiff’s August 17, 2015

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notice is sufficient under Rule 41.

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

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IT IS SO ORDERED.

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Dated:

August 18, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE