Olive v. Lopez et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAMIEN DWAYNE OLIVE,
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Plaintiff,
v.
S. LOPEZ, et al.,
Defendants.
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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)
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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. (ECF No. 1.) Plaintiff has declined
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Magistrate Judge jurisdiction. (ECF No. 5.) No other parties have appeared. On October
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3, 2016, Plaintiff filed a motion seeking to voluntarily dismiss his case. (ECF No. 13.) The
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Court construes this motion as a notice of voluntary dismissal.
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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 October 3, 2016
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notice is sufficient under Rule 41.
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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.
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IT IS SO ORDERED.
Dated: October 12, 2016
SENIOR DISTRICT JUDGE
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