Segura v. Allenby et al

Filing 18

ORDER on Voluntary Dismissal of Action 16 , signed by District Judge Lawrence J. O'Neill on 4/28/15: Clerk to terminate all pending motions and close case. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ROBERT SEGURA, 10 11 12 Plaintiff, v. VOLUNTARY DISMISSAL OF ACTION (ECF NO. 16) CLIFF ALLENBY, et al., 13 CASE NO. 1:14-cv-012047-LJO-MJS (PC) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE Defendants. 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 April 27, 2015, Plaintiff filed a 17 Notice of Withdrawal of Civil Rights Complaint. (ECF No. 16.) 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 April 27, 2015 21 notice is sufficient under Rule 41. 22 23 Accordingly, this action is hereby DISMISSED without prejudice. The Clerk shall terminate all pending motions and CLOSE this case. 24 IT IS SO ORDERED. 25 26 27 28 Dated: April 28, 2015 /s/ Lawrence J. O’Neill UNITED STATES DISTRICT JUDGE

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