Cochran v. Beard et al

Filing 9

ORDER DISMISSING CASE re 8 Voluntary Dismissal signed by Magistrate Judge Michael J. Seng on 1/4/2016. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BILLY COY COCHRAN,

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Plaintiff,

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v.

VOLUNTARY DISMISSAL OF ACTION
(ECF No. 8)

J BEARD, et al.,

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CASE NO. 1:15-cv-01456-MJS (PC)

CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. On December 28, 2015, Plaintiff filed

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a request for voluntary dismissal. (ECF No. 8.)

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Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an

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action without a court order by filing a notice of dismissal before the opposing party

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serves either an answer or a motion for summary judgment. Plaintiff’s December 28,

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2015 request is sufficient under Rule 41.

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Accordingly, this action is DISMISSED without prejudice pursuant to Plaintiff’s

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notice of voluntary dismissal. The Clerk shall terminate all pending motions and CLOSE

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this case.

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IT IS SO ORDERED.
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Dated:

January 4, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE