Tomas Silva v. Pleasant Valley State Prison et al

Filing 12

ORDER GRANTING 11 Plaintiff's Notice of Voluntary Dismissal signed by Magistrate Judge Dennis L. Beck on 6/26/2015. CASE CLOSED. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TOMAS SILVA, 12 Plaintiff, 13 Case No. 1:14-cv-02011-DLB PC ORDER GRANTING PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL v. (Document 11) 14 HERRERA, et al., 15 Defendants. 16 Plaintiff Tomas Silva (“Plaintiff”) is a California state prisoner proceeding pro se and in 17 18 forma pauperis in this action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on October 19 31, 2014. The Court dismissed the complaint with leave to amend on May 28, 2015. Plaintiff has 20 not yet filed an amended complaint.1 On June 25, 2015, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of 21 22 Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to 23 dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 24 F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, 25 and the Court no longer has jurisdiction over the claims. Id. 26 /// 27 /// 28 1 Plaintiff consented to the jurisdiction of the United States Magistrate Judge on January 12, 2015. 1 1 2 Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to Plaintiff’s notice of voluntary dismissal filed on June 25, 2015. 3 4 5 6 7 IT IS SO ORDERED. Dated: /s/ Dennis June 26, 2015 L. Beck UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?