Horsfall v. Allenby et al

Filing 19

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

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SEAN HORSFALL, 10 11 12 13 Plaintiff, v. CASE NO. 1:14-cv-01945-LJO-MJS (PC) VOLUNTARY DISMISSAL OF ACTION (ECF NO. 18) CLIFF ALLENBY, et al., Defendants. CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE 14 15 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil 16 rights action brought pursuant to 42 U.S.C. § 1983. On February 23, 2015, Plaintiff filed 17 a Notice of Withdrawal of Civil Rights Complaint. (ECF No. 18.) 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 February 23, 2015 21 notice is sufficient under Rule 41. 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

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