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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TOMAS SILVA,

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Plaintiff,

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Case No. 1:14-cv-02011-DLB PC
ORDER GRANTING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL

v.
(Document 11)

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HERRERA, et al.,

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Defendants.

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Plaintiff Tomas Silva (“Plaintiff”) is a California state prisoner proceeding pro se and in

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forma pauperis in this action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on October

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31, 2014. The Court dismissed the complaint with leave to amend on May 28, 2015. Plaintiff has

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not yet filed an amended complaint.1
On June 25, 2015, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to

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dismiss his claims, without prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267

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F.3d 1042, 1049 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action,

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and the Court no longer has jurisdiction over the claims. Id.

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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on January 12, 2015.

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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.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 26, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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