Jones v. King et al

Filing 14

ORDER DISMISSING CASE re 13 signed by District Judge Lawrence J. O'Neill on 3/4/2015. CASE CLOSED.(Lundstrom, T)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 DURWARD JONES, 8 9 10 11 Plaintiff, v. CASE NO. 1:14-cv-02042-LJO-MJS (PC) VOLUNTARY DISMISSAL OF ACTION (ECF NO. 13) CLIFF ALLENBY, et al., Defendants. CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE 12 13 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil 14 rights action brought pursuant to 42 U.S.C. § 1983. On March 2, 2015, Plaintiff filed a 15 Notice of Withdrawal of Civil Rights Complaint. (ECF No. 13.) 16 Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an 17 action without a court order by filing a notice of dismissal before the opposing party 18 serves either an answer or a motion for summary judgment. Plaintiff’s March 2, 2015 19 notice is sufficient under Rule 41. 20 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: March 4, 2015 /s/ Lawrence J. O’Neill United States District Judge

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