Olive v. Lopez et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DAMIEN DWAYNE OLIVE,
S. LOPEZ, et al.,
CASE NO. 1:16-cv-00427-AWI-MJS (PC)
ORDER DIRECTING CLERK TO CLOSE
CASE IN LIGHT OF VOLUNTARY
DISMISSAL AND ORDER DECLINING TO
(Doc. Nos. 11, 13)
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff has declined
Magistrate Judge jurisdiction. (ECF No. 5.) No other parties have appeared. On October
3, 2016, Plaintiff filed a motion seeking to voluntarily dismiss his case. (ECF No. 13.) The
Court construes this motion as a notice of voluntary dismissal.
Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an
action without a Court order by filing a notice of dismissal before the opposing party
serves either an answer or a motion for summary judgment. Plaintiff’s October 3, 2016
notice is sufficient under Rule 41.
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.
IT IS SO ORDERED.
Dated: October 12, 2016
SENIOR DISTRICT JUDGE
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