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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUSTIN BRACKEN,
Plaintiff,

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ORDER REQUIRING PLAINTIFF TO FILE
STATEMENT REGARDING DISMISSAL

v.

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Case No. 1:17-cv-00306-AWI-JLT (PC)

DURAN, et al.,

(Doc. 16)
14-DAY DEADLINE
Defendants.

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On June 20, 2017, the Court screened the Complaint and dismissed it with leave to amend

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to allow the plaintiff to cure the deficiencies noted. Alternatively, the plaintiff could file a notice

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of voluntary dismissal. (Doc. 15.) In response, Plaintiff filed a notice that he is “not ready to go

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through with” this action until he goes “home and find (sic) me a lawyer (sic) will represent me.

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Bye thank you and God bless.” (Doc. 16.) It appears that Plaintiff intends to voluntarily dismiss

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this action, but this is not certain as his filing neither included the case caption, nor the case

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number, nor indicated that it was a voluntary dismissal. Voluntary dismissal of an action under

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Rule 41 of the Federal Rules of Civil Procedure is without prejudice, but the Court requires

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confirmation from Plaintiff that he wishes to voluntarily dismiss this action before it will close the

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case.

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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
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the case name and number on the notice. If Plaintiff fails to comply with this order, the Court

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will assume that his most recent filing (Doc. 16) is a request for voluntary dismissal without

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prejudice under Rule 41 and it will close the action.

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IT IS SO ORDERED.
Dated:

July 19, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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