Mills v. Miller, et al.

Filing 9

ORDER Dismissing Action; Clerk to Close Case, signed by Magistrate Judge Michael J. Seng on 11/7/16. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAKAN CHAMEL MILLS,

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Plaintiff,

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v.

CASE NO. 1:16-cv-0689-MJS (PC)
ORDER DISMISSING ACTION
(ECF No. 7)

RYAN MILLER, et al.,

CLERK OF COURT TO CLOSE CASE

Defendants.

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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. Plaintiff consented to magistrate

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judge jurisdiction. (ECF No. 5.) No other parties have appeared in this action.

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On August 19, 2016, the undersigned screened Plaintiff’s complaint and found it

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to state an Eighth Amendment excessive force claim against Defendants Bonffil, Clark,

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Souvannakham, Pinedo, and Ryan. Plaintiff was informed that he could proceed on the

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complaint as screened or file an amended complaint.

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On September 16, 2016, Plaintiff filed a motion to withdraw his complaint. (ECF

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No. 7.) The Court found the motion somewhat confusing, and so on September 22,

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2016, directed Plaintiff to undertake to clarify the request or the Court would proceed to

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dismiss the action pursuant to Federal Rule of Civil Procedure 41(a). Plaintiff did not

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respond within the time specified. The Court therefore construes Plaintiff’s motion as a

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notice of dismissal under Rule 41(a).

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to withdraw complaint
(ECF No. 7) is GRANTED, and this action is dismissed.

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IT IS SO ORDERED.
Dated:

November 7, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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