Johnson v. Unnamed Defendants

Filing 42

ORDER DENYING Plaintiff's 41 Motion to Reopen Case, signed by Magistrate Judge Michael J. Seng on 01/22/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00708-DAD-MJS (PC)

HERBERT JOHNSON,

ORDER DENYING PLAINTIFF’S MOTION
TO REOPEN CASE

Plaintiff,
v.

(ECF NO. 41)

UNNAMED DEFENDANTS,

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CASE TO REMAIN CLOSED

Defendants.

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42

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U.S.C. § 1983. On February 1, 2017, following the screening of his Third Amended

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Complaint but before the appearance of any other parties, Plaintiff moved to dismiss this

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case without prejudice. Pursuant to Federal Rule of Civil Procedure 41(a), this action

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was closed on February 3, 2017.

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Plaintiff now moves to reopen the case in a cursory motion that references his

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recent release from administrative segregation. Since this action was dismissed at

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Plaintiff’s own request without prejudice and not pursuant to a Court order, IT IS

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HEREBY ORDERED that Plaintiff’s motion to re-open is DENIED. Plaintiff may reassert

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his claims by filing a new suit.

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IT IS SO ORDERED.
Dated:

January 22, 2018

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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