Kevin Barnes v. Union Pacific Railroad Company

Filing 16

ORDER DISMISSING the Action without Prejudice Pursuant to the Plaintiff's 15 Request for Voluntary Dismissal signed by Chief Judge Lawrence J. O'Neill on 12/13/2017. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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UNION PACIFIC RAILROAD COMPANY, )
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Defendant.
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KEVIN BARNES,

Case No.: 1:17-cv-01006 - LJO - JLT
ORDER DISMISSING THE ACTION WITHOUT
PREJUDICE PURSUANT TO THE PLAINTIFF’S
REQUEST FOR VOLUNTARY DISMISSAL
(Doc. 15)

On December 1, 2017, Plaintiff Kevin Barnes notified the Court that he was “unable to secure

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substitute counsel.” (Doc. 15 at 1) As a result, Plaintiff “request[ed] that this case be dismissed.” (Id.)

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The Court construes this to be a request for dismissal pursuant to Rule 41 of the Federal Rules of Civil

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Procedure, under which the Court may dismiss an action without prejudice upon the request of a

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plaintiff. See Fed. R. Civ. P. 41(a)(2). Accordingly, the Court ORDERS:

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1.

Plaintiff’s request for dismissal of the action is GRANTED;

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2.

The complaint is DISMISSED without prejudice; and

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3.

The Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

December 13, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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