Barger v. United States of America, et al.

Filing 15

ORDER Directing Clerk of Court to Close This Action re 14 Notice of Voluntary Dismissal signed by Chief Judge Lawrence J. O'Neill on 8/7/2017. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 ) GARY DALE BARGER, also known as Gary Fisher and Sonny Barger ) ) ) Plaintiff, ) ) v. ) UNITED STATES OF AMERICA, et al., ) ) Defendants. ) ) ) 14 15 16 Case No.: 1:17-cv-00964-LJO-SAB (PC) ORDER DIRECTING CLERK OF COURT TO CLOSE THIS ACTION [ECF No. 14] Plaintiff Gary Dale Barger is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On August 4, 2017, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of 17 Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to dismiss 18 his claims, without prejudice. Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049 19 (9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court no 20 longer has jurisdiction over the claims. Id. 21 22 23 Accordingly, the Clerk of the Court is HEREBY DIRECTED to close this file pursuant to Plaintiff=s notice of voluntary dismissal filed on August 4, 2017. IT IS SO ORDERED. 24 Dated: 25 /s/ Lawrence J. O’Neill _____ August 7, 2017 UNITED STATES CHIEF DISTRICT JUDGE 26 27 28 1

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