Payne v. Ahlin

Filing 9

ORDER directing Clerk of Court to close action pursuant to 8 Notice of Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 6/8/2015. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES PAYNE,

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Plaintiff,

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v.
PAM AHLIN,

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Defendant.

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Case No.: 1:15-cv-00782-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
CLOSE ACTION PURSUANT TO PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL
[ECF No. 8]

Plaintiff James Payne is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions

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Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison

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Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).

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Plaintiff filed the instant complaint on March 9, 2015, in the United States District Court for

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the Eastern District of California, Sacramento Division. The action was transferred to this Court on

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May 22, 2015. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of the United

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States Magistrate Judge on March 23, 2015. Local Rule 302.
On June 4, 2015, Plaintiff filed a notice to withdraw the complaint and dismiss the action

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without prejudice. (ECF No. 8.)

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At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, without

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prejudice. Duke Energy Trading and Marketing, L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir.

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2001). The filing of the notice itself has the effect of closing the action, and the Court no longer has

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jurisdiction over the claims. Id.
Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to

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Plaintiff=s notice of voluntary dismissal filed on June 4, 2015.

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IT IS SO ORDERED.

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Dated:

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June 8, 2015
UNITED STATES MAGISTRATE JUDGE

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