Johnson v. Alphonso

Filing 6

ORDER Directing Clerk of Court to Close Action Pursuant to Plaintiff's 5 Notice of Voluntary Dismissal, signed by District Judge Lawrence J. O'Neill on 10/20/14. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS JAMES JOHNSON,

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Plaintiff,
v.

Case No. 1:14-cv-01543 LJO-DLB PC
ORDER DIRECTING CLERK OF COURT TO
CLOSE ACTION PURSUANT TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL

DR. ALPHONSO,
(Document 5)

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Defendant.

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Plaintiff Thomas James Johnson (“Plaintiff”) is a California state prisoner proceeding pro se
in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on October 2, 2014.
On October 6, 2014, the Court ordered Plaintiff to submit an application to proceed in forma
pauperis, or pay the filing fee, within forty-five days.
On October 16, 2014, Plaintiff responded to the Court’s order, explaining that he did not

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want funds to be withdrawn from his prison trust account. He concluded by stating, “I’m going to

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have to let this ‘Injustice,’ etc. of Plaintiff v. Defendant(s) pass.” ECF No. 5, at 1. The Court

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construes this as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure

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41(a)(1)(i).

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At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, without
prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir.

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2001). The filing of the notice itself has the effect of closing the action, and the Court no longer has

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jurisdiction over the claims. Id.

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Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to
Plaintiff’s notice of voluntary dismissal filed on October 16, 2014.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

October 20, 2014

UNITED STATES DISTRICT JUDGE
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