Carter v. Ahlin

Filing 10

VOLUNTARY DISMISSAL of Action, signed by Magistrate Judge Michael J. Seng on 6/1/15. 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 ISHMAEL CARTER, 10 11 12 Plaintiff, v. VOLUNTARY DISMISSAL OF ACTION (ECF NO. 9) PAM AHLIN, et al., 13 CASE NO. 1:15-cv-00483-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 May 29, 2015, Plaintiff filed a 17 Notice of Withdrawal of Civil Rights Complaint. (ECF No. 9.) 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 May 29, 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: June 1, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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