Acinelli v. Baniga et al

Filing 7

ORDER DIRECTING Clerk of Court to Close Case Pursuant to Plaintiff's Notice of Voluntary Dismissal 5 , signed by District Judge Anthony W. Ishii on 11/13/15. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAMUEL A. ACINELLI,
Plaintiff,

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v.

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ULYSSES VILLAMIL BANIGA, et al.,

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Defendants.

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Case No.: 1:15-cv-01624-AWI-SAB (PC)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE PURSUANT TO
PLAINTIFF’S NOITICE OF VOLUNTARY
DISMISSAL
[ECF No. 5]

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Plaintiff Samuel A. Acinelli is appearing pro se in this civil rights action pursuant to 42 U.S.C.

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§ 1983. On November 9, 2015, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule

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of Civil Procedure 41(a)(1)(i), as this case is duplicative of case number 1:15-cv-01616-MJS (PC). At

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

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Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The filing of

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the notice itself has the effect of closing the action. 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 November 9, 2015.

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IT IS SO ORDERED.

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Dated: November 13, 2015

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SENIOR DISTRICT JUDGE

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