Stoops v. Sherman et al

Filing 12

VOLUNTARY DISMISSAL of Action; Clerk to Terminate All Pending Motions and Close Case, signed by Magistrate Judge Michael J. Seng on 2/3/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 RANDY STOOPS, 9 10 11 Plaintiff, VOLUNTARY DISMISSAL OF ACTION (ECF No. 11) v. STUART SHERMAN, et al, 12 CASE NO. 1:16-cv-01581-DAD-MJS (PC) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE Defendants. 13 14 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action brought pursuant to 42 U.S.C. § 1983. On February 3, 2017, Plaintiff filed a 17 motion to voluntarily dismiss the action. (ECF No. 11.) 18 Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may dismiss an 19 action without a court order by filing a notice of dismissal before the opposing party 20 serves either an answer or a motion for summary judgment. Plaintiff’s February 3, 2017 21 motion is sufficient under Rule 41. 22 23 Accordingly, this action is DISMISSED without prejudice. The Clerk shall terminate all pending motions and CLOSE this case. 24 IT IS SO ORDERED. 25 26 27 28 Dated: February 3, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE

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