Hernandez v. Allenby et al

Filing 12

VOLUNTARY DISMISSAL of ACTION, signed by District Judge Lawrence J. O'Neill on 2/25/2015. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID HERNANDEZ,

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Plaintiff,
v.

CASE NO. 1:14-cv-01743-LJO-MJS (PC)
VOLUNTARY DISMISSAL OF ACTION
(ECF NO. 11)

CLIFF ALLENBY, et al.,
Defendants.

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

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Plaintiff is a civil detainee 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 February 20, 2015, Plaintiff filed

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a Notice of Withdrawal of Civil Rights Complaint. (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 February 20, 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.
SO ORDERED
Dated: February 25, 2015
/s/ Lawrence J. O’Neill
United States District Judge