Graves v. King et al

Filing 11

ORDER Re VOLUNTARY DISMISSAL OF ACTION; Clerk to TERMINATE all Pending Motions and CLOSE CASE signed by Magistrate Judge Michael J. Seng on 2/24/2015. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MICHAEL GRAVES, 9 10 11 Plaintiff, v. VOLUNTARY DISMISSAL OF ACTION (ECF NO. 10) AUDREY KING, et al., 12 CASE NO. 1:14-cv-01600-MJS (PC) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE Defendants. 13 14 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil 15 rights action brought pursuant to 42 U.S.C. § 1983. On February 23, 2015, Plaintiff filed 16 a Notice of Withdrawal of Civil Rights Complaint. (ECF No. 10.) 17 Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an 18 action without a court order by filing a notice of dismissal before the opposing party 19 serves either an answer or a motion for summary judgment. Plaintiff’s February 23, 2015 20 notice is sufficient under Rule 41. 21 22 Accordingly, this action is hereby DISMISSED without prejudice. The Clerk shall terminate all pending motions and CLOSE this case. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: February 24, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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