Johnson v. Unnamed Defendants
Filing
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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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