(PC)Price v. Guerrero

Filing 13

ORDER DISMISSING CASE pursuant to FRCP 41(a)(1)(A)(ii), signed by Magistrate Judge Barbara A. McAuliffe on 10/4/19. 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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MICHAEL J. PRICE,

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Plaintiff,

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ORDER REGARDING PLAINTIFF’S
NOTICE OF VOLUNTARY DISMISSAL

v.

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Case No. 1:19-cv-00329-BAM (PC)

S. GUERRERO,

(ECF No. 12)

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Defendant.

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Plaintiff Michael J. Price is proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. On October 3, 2019, Plaintiff filed a notice of voluntary

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dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 12.)

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Under Rule 41(a)(1)(A)(i), “a plaintiff has an absolute right to voluntarily dismiss his

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action prior to service by the defendant of an answer or a motion for summary judgment.”

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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (citation omitted). No defendant in

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this action has served an answer or a motion for summary judgment.

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Accordingly, this action is terminated by operation of law without further order from the

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Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to terminate all pending

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deadlines and close this case.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 4, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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