Williams v. California Highway Patrol et al

Filing 37

ORDER Directing the Clerk of Court to Close the Case (Voluntary Dismissal), signed by Magistrate Judge Sheila K. Oberto on 10/24/18. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:18-cv-00183-AWI-SKO

AHKEEM DESHAVIER WILLIAMS,
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Plaintiff,
ORDER DIRECTING THE CLERK OF
COURT TO CLOSE THE CASE

v.
CALIFORNIA HIGHWAY PATROL
OFFICER ANDERSON,
Defendant.

(Doc. 36)
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Plaintiff Ahkeem Deshavier Williams is a prisoner at California State Prison in Wasco. On

15 February 6, 2018, Plaintiff, proceeding pro se and in forma pauperis, filed a civil rights action under
16 42 U.S.C. § 1983 arising out of his arrest on October 20, 2016, by an officer with the California
17 Highway Patrol.
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On October 22, 2018, Plaintiff, in response to the Court’s October 11, 2018 order (Doc. 34),

19 filed a “motion” voluntarily dismissing his case without prejudice. (Doc. 36.) In relevant part, Rule
20 41(a)(1)(A) provides as follows:
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[A] plaintiff may dismiss an action without a court order by filing: (i) a notice of
dismissal before the opposing party serves either an answer or a motion for
summary judgment; or (ii) a stipulation of dismissal signed by all parties who have
appeared.

24 Fed. R. Civ. P. 41(a)(1)(A). Rule 41(a)(1)(B) provides further that “[u]nless the notice or stipulation
25 states otherwise, the dismissal is without prejudice.” Fed. R. Civ. P. 41(a)(1)(B).
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Plaintiff filed his voluntary dismissal before the opposing party served either an answer or a

27 motion for summary judgment. As such, Plaintiff has voluntarily dismissed this matter without
28 prejudice pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(i) and (1)(B). The Court

1 therefore DIRECTS the Clerk of Court to close this case.
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IT IS SO ORDERED.

4 Dated:
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October 24, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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