Patrick v. Diaz et al

Filing 13

ORDER on Plaintiff's Motion to Dismiss signed by Magistrate Judge Sheila K. Oberto on 1/3/2018. Response due within twenty-one (21) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS PATRICK,

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Plaintiff,

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Case No. 1:17-cv-01121-AWI-SKO (PC)
ORDER ON PLAINTIFF’S
MOTION TO DISMISS

v.
(Doc. 2, 9, 10)
DIAZ, et al.,
TWENTY-ONE (21) DAY DEADLINE

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Defendants.

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Plaintiff, Nicholas Patrick, is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. On December 28, 2017, Plaintiff filed a document titled “Motion:

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to dismiss.” (Doc. 12.) However, in the body of that motion, Plaintiff wrote: “Plaintiff hereby

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voluntarally (sic) dismisses case # 2:17-cv-01121-AWI-SKO.” (Id.)
There is no case numbered “2:17-cv-1121-AWI-SKO” in this court. There is a case

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numbered 2:17-cv-1121-TLN-GGH, Online Guru Inc. v. Cartagz, Inc., in the Sacramento

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Division of this Court, but Plaintiff is not a party to that action. Plaintiff may have accidentally

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begun the case number for this action with a “2” instead of a “1” in his voluntary dismissal.

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Although this appears to be the case because Plaintiff placed an “X” through the “2” and the “1”

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he wrote above it, the Court will require confirmation of Plaintiff’s desire to voluntarily dismiss

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this action since it is case dispositive.

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Accordingly, if Plaintiff desires to voluntarily dismiss this action, he is HEREBY

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ORDERED to file a notice of voluntary dismissal reflecting the correct case number for this

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action within twenty-one (21) days from the date of service of this order.

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IT IS SO ORDERED.
Dated:

January 3, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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