Miller v. Jones, et al.

Filing 10

ORDER DIRECTING Clerk of the Court to Close This Case Pursuant to Plaintiff's Notice of Voluntary Dismissal, signed by Magistrate Judge Stanley A. Boone on 6/13/17. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JARROD JOSEPH MILLER,

12

Plaintiff,

13
14

v.
MATT JONES, et al.,

15

Defendants.

16

)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-00447-SAB (PC)
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS CASE PURSUANT TO
PLAINTIFF=S NOTICE OF VOLUNTARY
DISMISSAL
[ECF No. 9]

17
Plaintiff Jarrod Joseph Miller is appearing pro se and in forma pauperis in this civil rights
18
action pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the
19
jurisdiction of the United States Magistrate Judge on April 7, 2017. Local Rule 302.
20
On June 12, 2017, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of
21
Civil Procedure 41(a)(1)(i). Plaintiff also requests the Court to provide him with the address of the
22
United States District Court for district in which R.J. Donovan Correctional Facility is located.
23
At this stage in the proceedings, Plaintiff has the absolute right to dismiss his claims, without
24
prejudice. Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001). The
25
filing of the notice itself has the effect of closing the action, and the Court no longer has jurisdiction
26
over the claims. Id.
27
///
28
1

1

Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to

2

Plaintiff=s notice of voluntary dismissal filed on June 12, 2017. Plaintiff is advised that the R.J.

3

Donovan Correctional Facility (where Plaintiff is presently housed) is located within the jurisdiction

4

of the United States District Court for the Southern District of California, 333 W. Broadway #420, San

5

Diego, CA 92101.

6
7
8

IT IS SO ORDERED.

9

Dated:

10

June 13, 2017
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2