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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 EDWARD T. FURNACE, 10 Plaintiff, 11 12 v. VOLUNTARY DISMISSAL OF ACTION (ECF No. 11) M. JUNIOUS, et al., 13 CASE NO. 1:14-cv-01671-LJO-MJS (PC) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE Defendants. 14 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action brought pursuant to 42 U.S.C. § 1983. On May 22, 2015, Plaintiff filed a 17 notice of voluntary dismissal. (ECF No. 11.) 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 May 22, 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. IT IS SO ORDERED. 24 25 26 27 28 Dated: May 26, 2015 /s/ Lawrence J. O’Neill UNITED STATES DISTRICT JUDGE

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