Cisneros v. Moreno et al

Filing 35

ORDER CLOSING CASE signed by Chief Judge Lawrence J. O'Neill on 12/11/2019. CASE CLOSED. (Sant Agata, S)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 ROBERT CISNEROS, 6 Plaintiff, 7 8 Case No. 1:18-cv-00628-LJO-JDP ORDER CLOSING CASE v. MORENO, 9 Defendant. 10 11 Plaintiff Robert Cisneros (“plaintiff”) is a state prisoner proceeding pro se in this civil 12 13 rights action brought under 42 U.S.C. § 1983. On August 16, 2019, defendant moved for 14 summary judgment based on a failure to exhaust. ECF No. 19. On November 7, 2019, plaintiff 15 filed a request that the court dismiss his case, agreeing that he did not exhaust his administrative 16 remedies. ECF No. 32. On November 14, the assigned magistrate judge recommended 17 dismissing the case. ECF No. 34. No party has objected. Therefore, the Court will dismiss this 18 case. 19 Accordingly, IT IS HEREBY ORDERED that: 20 1. This action is dismissed without prejudice; 21 2. All pending motions are terminated; and 22 3. The clerk is directed to close this case. 23 24 25 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ December 11, 2019 UNITED STATES CHIEF DISTRICT JUDGE 26 27 28 1

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