Stoops v. Sherman et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
VOLUNTARY DISMISSAL OF ACTION
(ECF No. 11)
STUART SHERMAN, et al,
CASE NO. 1:16-cv-01581-DAD-MJS (PC)
CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE
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. On February 3, 2017, Plaintiff filed a
motion to voluntarily dismiss the action. (ECF No. 11.)
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 February 3, 2017
motion is sufficient under Rule 41.
Accordingly, this action is DISMISSED without prejudice.
The Clerk shall
terminate all pending motions and CLOSE this case.
IT IS SO ORDERED.
February 3, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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