Barger v. United States of America, et al.
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GARY DALE BARGER,
also known as Gary Fisher and Sonny Barger )
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Plaintiff,
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v.
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UNITED STATES OF AMERICA, et al.,
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Defendants.
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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
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Civil Procedure 41(a)(1)(i). At this stage in the proceedings, Plaintiff has the absolute right to dismiss
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his claims, without prejudice. Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049
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(9th Cir. 2001). The filing of the notice itself has the effect of closing the action, and the Court no
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longer has jurisdiction over the claims. Id.
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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.
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Dated:
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/s/ Lawrence J. O’Neill _____
August 7, 2017
UNITED STATES CHIEF DISTRICT JUDGE
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