Ontiveors v. St. Clair, et al.,
Filing
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ORDER Granting Notice of Voluntary Dismissal, without Prejudice, signed by Magistrate Judge Michael J. Seng on 03/01/2017. CASE CLOSED.(Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARTIN V. ONTIVEORS,
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Plaintiff,
v.
VOLUNTARY DISMISSAL OF ACTION
(ECF No. 36)
ST. CLAIR, et al.,
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CASE NO. 1:15-cv-01565-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 February 27, 2017, Plaintiff filed
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a notice of voluntary dismissal. (ECF No. 36.)
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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 February 27, 2017
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notice is sufficient under Rule 41.
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Accordingly, this action is hereby DISMISSED without prejudice. The Clerk shall
terminate all pending motions and CLOSE this case.
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IT IS SO ORDERED.
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Dated:
March 1, 2017
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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