Ontiveors v. St. Clair, et al.,

Filing 37

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MARTIN V. ONTIVEORS, 10 11 12 Plaintiff, v. VOLUNTARY DISMISSAL OF ACTION (ECF No. 36) ST. CLAIR, et al., 13 CASE NO. 1:15-cv-01565-MJS (PC) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE Defendants. 14 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action brought pursuant to 42 U.S.C. § 1983. On February 27, 2017, Plaintiff filed 17 a notice of voluntary dismissal. (ECF No. 36.) 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 February 27, 2017 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: March 1, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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