Brookins v. Hernandez et al

Filing 128

ORDER DENYING Plaintiff's 127 Motion for Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 9/20/2021. (Sant Agata, S)

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Case 1:17-cv-01675-AWI-SAB Document 128 Filed 09/20/21 Page 1 of 1 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 BARRY LEE BROOKINS, 7 Plaintiff, 8 9 v. M. HERNANDEZ, et al., 10 Defendants. 11 12 13 ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01675-AWI-SAB (PC) ORDER DENYING PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL (ECF No. 118) Plaintiff Barry Lee Brookins is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 30, 2020, Defendants’ motion for summary judgment was granted and judgment 14 15 was entered. (ECF Nos. 118, 119.) Plaintiff filed a notice of appeal on December 10, 2020. (ECF 16 No. 121.) Plaintiff appeal was voluntarily dismissed on August 31, 2020. (ECF No. 125.) 17 On September 17, 2021, Plaintiff filed a motion for voluntary dismissal of the action. (ECF 18 No. 118.) Inasmuch as the Findings and Recommendations were adopted in full on November 30, 19 2020, and Plaintiff’s appeal was voluntarily dismissed, Plaintiff’s motion for voluntary dismissal is 20 denied as moot. Plaintiff is advised that no further motions will be entertained in this closed action. 21 22 23 24 IT IS SO ORDERED. Dated: September 20, 2021 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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