Whitney v. Allenby et al

Filing 12

ORDER VOLUNTARY DISMISSAL OF ACTION re 11 signed by District Judge Lawrence J. O'Neill on 2/25/2015. CASE CLOSED. (Lundstrom, T)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

JAMES WHITNEY,

9
10
11
12

Plaintiff,
v.

CASE NO. 1:14-cv-01772-LJO-MJS (PC)
VOLUNTARY DISMISSAL OF ACTION
(ECF NO. 11)

CLIFF ALLENBY, et al.,
Defendants.

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

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. 11.)

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
23
24
25
26
27
28

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