Olive v. Lopez et al

Filing 14

ORDER Directing Clerk to Close Case in Light of Voluntary Dismissal and Order Declining to Adopt Findings and Recommendations, signed by District Judge Anthony W. Ishii on 10/12/16. CASE CLOSED. (Verduzco, M)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 DAMIEN DWAYNE OLIVE, 5 6 7 8 Plaintiff, v. S. LOPEZ, et al., Defendants. 9 CASE NO. 1:16-cv-00427-AWI-MJS (PC) ORDER DIRECTING CLERK TO CLOSE CASE IN LIGHT OF VOLUNTARY DISMISSAL AND ORDER DECLINING TO ADOPT FINDINGS AND RECOMMENDATIONS (Doc. Nos. 11, 13) 10 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 11 rights action brought pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff has declined 12 Magistrate Judge jurisdiction. (ECF No. 5.) No other parties have appeared. On October 13 3, 2016, Plaintiff filed a motion seeking to voluntarily dismiss his case. (ECF No. 13.) The 14 Court construes this motion as a notice of voluntary dismissal. 15 Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an 16 action without a Court order by filing a notice of dismissal before the opposing party 17 serves either an answer or a motion for summary judgment. Plaintiff’s October 3, 2016 18 notice is sufficient under Rule 41. 19 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk shall CLOSE this case in light of Plaintiff’s Rule 41(a)(1)(A)(i) notice of voluntary dismissal without prejudice; and 2. The Court declines to adopt the Findings and Recommendation issued on July 28, 2016, as those Findings are now moot. 24 25 26 27 28 IT IS SO ORDERED. Dated: October 12, 2016 SENIOR DISTRICT JUDGE

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