Flowers v. Beard et al

Filing 8

ORDER granting Plaintiff's Notice of Voluntary Dismissal signed by District Judge Lawrence J. O'Neill on 6/29/2015. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUPERT FLOWERS,

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Plaintiff,

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Case No. 1:15-cv-00919-LJO-DLB PC
ORDER GRANTING PLAINTIFF’S NOTICE
OF VOLUNTARY DISMISSAL

v.
(Document 6)

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BEARD, et al.,

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Defendants.

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Plaintiff Rupert Flowers (“Plaintiff”) is a California state prisoner proceeding pro se in this

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civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 16, 2015.
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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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.
IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

June 29, 2015

UNITED STATES DISTRICT JUDGE
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