Bracken v. Duran, et al.,

Filing 17

ORDER Requiring Plaintiff to File Statement Regarding Dismissal, signed by Magistrate Judge Jennifer L. Thurston on 7/19/16. 14-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN BRACKEN, Plaintiff, 12 13 ORDER REQUIRING PLAINTIFF TO FILE STATEMENT REGARDING DISMISSAL v. 14 Case No. 1:17-cv-00306-AWI-JLT (PC) DURAN, et al., (Doc. 16) 14-DAY DEADLINE Defendants. 15 16 17 On June 20, 2017, the Court screened the Complaint and dismissed it with leave to amend 18 to allow the plaintiff to cure the deficiencies noted. Alternatively, the plaintiff could file a notice 19 of voluntary dismissal. (Doc. 15.) In response, Plaintiff filed a notice that he is “not ready to go 20 through with” this action until he goes “home and find (sic) me a lawyer (sic) will represent me. 21 Bye thank you and God bless.” (Doc. 16.) It appears that Plaintiff intends to voluntarily dismiss 22 this action, but this is not certain as his filing neither included the case caption, nor the case 23 number, nor indicated that it was a voluntary dismissal. Voluntary dismissal of an action under 24 Rule 41 of the Federal Rules of Civil Procedure is without prejudice, but the Court requires 25 confirmation from Plaintiff that he wishes to voluntarily dismiss this action before it will close the 26 case. 27 28 Accordingly, within 14 days of the date of service of this order, the plaintiff SHALL file a statement indicating whether he wishes to voluntarily dismiss this action. He SHALL include 1 1 the case name and number on the notice. If Plaintiff fails to comply with this order, the Court 2 will assume that his most recent filing (Doc. 16) is a request for voluntary dismissal without 3 prejudice under Rule 41 and it will close the action. 4 5 6 7 IT IS SO ORDERED. Dated: July 19, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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