Furnace v. Junious et al

Filing 12

ORDER RE VOLUNTARY DISMISSAL OF ACTION 11 ; CLERK TO TERMINATE ALL PENDING MOTIONS signed by District Judge Lawrence J. O'Neill on 5/26/2015. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD T. FURNACE,

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Plaintiff,

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v.

VOLUNTARY DISMISSAL OF ACTION
(ECF No. 11)

M. JUNIOUS, et al.,

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CASE NO. 1:14-cv-01671-LJO-MJS (PC)

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

Defendants.

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

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rights action brought pursuant to 42 U.S.C. § 1983. On May 22, 2015, Plaintiff filed a

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notice of voluntary dismissal. (ECF No. 11.)

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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 May 22, 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.
IT IS SO ORDERED.

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Dated:

May 26, 2015

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE